White Bluffs spokesman. [volume] (White Bluffs, Wash.) 1907-1938, 1931-12-03

herein has been arrived at and agreed
to by and between the parties herein;
Nov therefore, it is hereby stipulated
and agreed by and between said plain
tiffs and appellants herein by their
undersigned attorneys thereunto duly
authorized, and the above named de-
PENDANTS and respondents herein, as
follows:
II. It is hereby stipulated and agreed
that the Judgment Of the lower court
be In all things affirmed and approved,
except that each and all Of the sew
eral tracts Of land hereinafter de-
scribed shall be excluded from said
Priest Rapids Irrigation District, free
and clear of any district obligations
and of any district assessments here
tofore levied against the same, and
that supplemental decree to be made
and entered by the trial court in said
cause shall so provide"
(Section 2 gives description of the
lands appellants want excluded from
the district).
SO. That said Priest Rapids Irrigation
DISTRICT hereby recognizes the right of
the several land owners, as defined in
that certain decree made and entered
in that certain cause in the United
States District Court in and for the
Eastern District of Washington, South
ern Division, entitled Black Rock Pow
er and Irrigation Company, corpor-
alton, plaintiff, VS. w. r. Adamson, ct
al, defendants, the same being Equity
Z Mo i1, 0oi<J
all the rights hereunder appurtenant
to the land hereinabove described, and
In the event the said irrigation district
acquires the irrigation and power in
Strumentalities involved in said de-
cree, and operates the same, it will
fulfill the trust declared in said de-
cree and in the final decree in the re-
ownership proceedings of the said
Black Rock Power g. Irrigation Com
pany and Consumers Ditch Company,
insolvent corporations, in accordance
with and subject to the several con-
tracts and water deeds evidencing the
right of said described lands, without
regard to the location of the lands
concerned, whether within or without
the jurisdiction of said irrigation dis
trict, and without preference prior
ity or discrimination in favor of other
lands, subject to payment of water
charges and performance of the terms
and conditions of their water deeds
and contracts by said appellants, re-
spectively.
"a. That in the event the supply of
To-, FL, 80
of the appellants, hereinabove de-
scribed, becomes inadequate in the
opinion of the appellants, their heirs,
successors and assigns, or of any of
them, the said district agrees ESQ far
as it can legally do 500, upon written
request stating the amount of water
and the time required, to furnish wa
ter at such point or points in it's irri-
cation system as specified in the wa
ter deeds and contracts of the said
appellants, respectively, or if not spe-
Gifted therein, then at such point or
points in it's irrigation system as it's
Board of Directors shall determine, in
excess of the amount specified in the
several contracts and water deeds,
evidencing the right to water of the
lands above described, for the use of
said lands, or any of them, subject to
the conditions herein specified.
IS It is further stipulated and agreed
that said district in furnishing water
for lands outside of the district as
aforesaid shall not make any greater
charge or more eXacting requirements
for water furnished lands of the APP
pellants, above described, than that
outside the district with similar water
rights.
&c It is further stipulated and agreed
that, subject to the terms and condi-
lions hereof, water to the full extent
required and reasonably necessary for
irrigation, domestic and farming pur-
poses will be furnished by said district
to the said lands of the appellants,
hereinabove described, subject to pay
ment by them individually in each in
stance of the water charges therefor,
and that all Of said lands OF the ap-
pellants, hereinabove described, shah
be as to the right to receive water on
a parity with water right lands STU
ated and remaining within said dis
trict which are beneficiaries under said
Adamson Decree; it being understood
and agreed that all water right lands
which are beneficiaries under said
Adamson Decree, whether situated
within or outside of said district and
including all of the lands of the ap-
pellants hereinabove described has a
prior and preferred right to receive
water for irrigation, domestic and
farming purposes from said power,
water and irrigation system and in
strumentalities; and that there shall
be no preference, priority, discrinina-
ton or distinction, whatsoever, in the
furnishing of water or in the charging
and payments of rates therefor, in
favor of water right lands, or nom
u,oter right lands situated within said