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effect upon the values of,water rights in said canals and reservoirs,
<br />and in each of them.
<br />AND - ;HEREAS, the development of wells and pumping plants on
<br />the lands irrigated by the ditches and canals of first parties has
<br />proven the existence of large bodies of underground aaters commonly
<br />known as the "underfloor," which said waters are available for use in
<br />irrigating said lands, as a supplemental and further water supply in
<br />addition to the surface flow of said river.
<br />AND y7FMREAS, the said The United States Irrigating Company
<br />has advanced all funds expended in the matter of prosecuting said pend-
<br />ing suit, including all expenses for witness fees and mileage, all fees
<br />paid the examiner for taking and transcribing the testimony of witnesses
<br />in prosecuting said pending suit, taken therein, all traveling expenses,
<br />all court costs, and in addition thereto has expended large sums of money
<br />14 the employment of attorneys to represent it in said suit, and its of-
<br />ficers, agents and representatives have contributed much time and effort
<br />in making investigations preliminary to bringing said pending suit, and
<br />have likewise spent much time during its pendency and during the prose -
<br />cution thereof.
<br />AND WHEREAS, a large number of other appropriations of water
<br />from the Arkansas River in Colorado, for domestic, irrigation and stor-
<br />age purposes, have been decreed by the several courts of the State of
<br />Colorado, having jurisdiction in the matter of the adjudication of
<br />priorities of right to the use of the waters of said stream, said decreed
<br />appropriations - eing of divers dates, some of them antedating and some of
<br />them postdating the several respective decreed priorities of the signa-
<br />tory second parties hereto, by reason whereof, and on account, among
<br />other things, of the existence and availability, for use in supplying
<br />said decrees, of a large amount of return and seepage water to said river
<br />from irrigation in Colorado, the said signatory second parties hereto and
<br />each of them have a direct interest in maintaining the status quo of de-
<br />creed priorities of right to the use of water for domestic, irrigation
<br />and storage purposes, in the State of Colorado, without having said de-
<br />creed rights belonging to appropriators other than the signatory parties
<br />hereto, antedating August 27, 1910, disturbed or made subject in point
<br />of time to any appropriation, claimed or to be claimed from said river
<br />in the State of Kansas.
<br />AND 1 it is the desire of each and all of the parties
<br />hereto that said pending suit shall be concluded, it being to the mutual
<br />advantage of all of said parties to have said pending suit compromised,
<br />and the rights of all of the parties to this contract to the waters of
<br />said river, determined for all time, as among themselves, independent
<br />of said pending suit, and irrespective of what might be the outcome
<br />thereof if further prosecuted, and irrespective of what might be the
<br />outcome of any similar suit which might be prosecuted by either, any
<br />or all of first parties against either, any or all of second parties.
<br />NOW, THEREFORE, in consideration of this contract, the cove-
<br />nants and agreements hereinafter contained, and in consideration of the
<br />9 .
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