Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1922-06-09

Ito represent one share for each acre
of land which may hereafter be irri-
gated from said canal The entire
authorized amount of the capital stock
Of said corporation shall be delivered
to the party of the second part herein
In consideration Of the covenants and
agreements herein contained in order
to enable it to deliver to purchasers
Of water rights the shares of stock
representing the same. Said shares
of stock sholl have, however no voting
power and shall not have force and
effect until they have been sold or
contracted to be sold to purchasers
OF land under this irrigation system
AT the time of the purchase of any
| water right there shall be issued to
| the purchaser thereof one share of the
capital stock of said corporation for
each acre of land entered or filed upon
That the said party Of the second party
herein shall, in case said water rights
or shares of stock are fully paid for
require the endorsement and delivery
to it OF said stock and shall at the time
require of said purchaser an agree
ment that until thirty-five per cent
| (35Go) of the purchase price Of said
stock has been paid the said party Of
the second part herein shall vote said
stock In such manner as it may deem
proper at all meetings Of the stock
holders of said corporation.
But the said second party hereto
nor the Big Wood River Reservoir &
Canal Company, Limited, cannot in
any manner control any OF the said
system so as to limit the liability of
the second party under the terms Of
this contract
"The said Big Wood River Reservoir
| & Canal Company, Limited, shall have
troll. as above set out, Of the said irrf-
F., the management, ownership and con-
| cation system as fast as the same is
completed and turned over to it for
| operation by the said party Of the
second part, as hereinafter provided
Whenever it is certified by the Chief
En- gineer OF the Company and the
state Engineer that certain portions
| OF the said irrigation SYSTEM are COM
pleted for the purposes of operation,
the same may, with the consent of
the State Land Board, be turned over
10 the Big Wood River Reservoir &
Canal Company, Limited, for operation
Such transfer and operation, however
shall not in any manner lessen the re-
sponsibility Of the said second party
with reference to the terms Of this
contract sssa%s"
10. Water Right Dedicated.
The certificates of shares of stock
of the Big Wood River Reservoir and
Canal Company, Limited, shall be
made to indicate and define the inter
est thereby represented in the said
system, to-wit: A water right Of one
elghtieth of a cubic foot per. second
for each acre and a proportionate IN
terest in said reservoir and irrigation
system. and shares based upon the
number of shares ultimately sold there |
In. While the party of the second |
part shall retain control of said Big |
Wood River Reservoir G. Canal Com |
pany, Limited, water shall be measured
and be available for use within one
half mile of the place of intended use
and in such quantities and at such |
times as the condition of the crops
and weather may determine. hut ao-
cording to such rules and regulations
pased upon system of distribution
or water to the irrigators in turn and
py rotation, as will best protect and
serve the interests of all the users OF
water from said irrigation system. It
Is agreed that said system of distrib-
ution by rotation shall be devised by
the said party Of the second part and
USED by the said Big Wood River Ca
nai, Reservoir Company, Limited,
,in case the necessity arises) during
the period while 1t retains the man
asement OF said Big Wood River Res
srVolr& Canal Company, Limited, said !
system OF rotation, however, to be
approved by the State Engineer. The
'aie OF the water rights to the pur-
'naser shall be dedication of the &
water to the lands to which the same | t
TO be applied, such wafer right to +,
'e part of and TO relate TO the water !,
lsnt belonging to said irrigation sys-
en- &
This contract also provided for the | i
econd, third and fourth segregations &,
mpracing lands in lists numbered 10.
and II respectively, and that a later
ontract should be entered into bv
espondent and the State of Idaho In / n
uostantially the same form as this r
ontract, THE said contract to be con- :,
ldered as one contract covering the .
ntire reservoir and irrigation system q
the Idaho Irrigation Company Linn r;
ed, IS shown by the plans, maps and rr
oeclfcations of the said system on
le in the State Engineers office" :"
On August 21. 1907 the said con- c'
act covering lists 10. IL and 70 was
itered into by respondent and the m
ate Of Idaho. being IN substantially !.
e same form as the former contract ~
-cept that paragraph - thereof reads ~
follows: te
Said party Of the second part ST
'rees 70 continue 70 prosecute the :,
)rk on said reservoir and irrigation =
stem diligently and continuously 10 -
npletion: and that there shall be no N
ssation Of work thereon after the
st year for more than sixty days oo
thout the consent OF the Board; and -
supply water 20 the lands Included
the said LIST No. ?. on or befroe
~ Sth., 1905, and 20 the lands in
Ided IN Lists Nos. 10, II and ~
thin two years from the date OF
= contract. and 10 complete the en- "ie