Contrast Between the US Irrigating Company, et al. and the Graham Ditch Company, et al.

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to a means of conveying water from the Arkansas River and its tribu- taries to reservoirs for storage and to lands for the purpose of irri- gating the same, and likewise for domestic use. And wherever in this contract the word "reservoir" is used, the same is intended to mean a means of storage of waters diverted from said river and its tributaries for use in irrigating lands and for domestic use. 7 in this con- tract reference is made to the waters of the Arkansas river such refer- _ ence shall be deemed and taken to apply to the waters of the tributaries of said river, as well as to the waters of the main stream. (e) This contract, in all of its terms and provisions, shall bind the assigns and successors in title and interest of the signatory parties hereto, and shall attach to each and every of the canals and reservoirs, and the priorities or rights of priority, decreed or other- wise belonging thereto, and owned by the signatory parties hereto, and its terms and p- ovisions shall amount to a covenant running with the land, and upon the conveyance of said canals or reservoirs, or said priorities, or either or any of them, the same shall attach thereto and the title under such conveyances shall be taken subject to the terms and conditions hereof, and wherever herein the title to a canal or reservoir is recited to be in any of the parties hereto, such recital shall. be deemed and taken to include title to all rights of priority, decreed or undeoreed, belonging to such canal or reservoir, and reference is here made to such decrees as the same appear or shall appear hereafter of record in the offices of the several Clerks of the several Courts award- ing such decrees, for a more particular statement thereof, (f) The foregoing recital concerning the various canals and reservoirs therein referred to as belonging to second parties, are not to be deemed or taken to be binding upon said second parties hereto, as among themselves, they being inserted herein solely for the purpose of defining the relative rights of second parties and first parties who are signatory parties hereto, but in case of an error in the description of any canal or reservoir belonging to either or any of the parties here- to, or in case any canal or reservoir belonging to any of the parties hereto shall not be herein referred to, then in that event this contract shall be deemed and taken to refer to such canal or reservoir so erron- eoiusly described or omitted, in all respects the same as if such canal or reservoir were correctly described herein. (g) This contract shall be executed in duplicate, and after the signing and acknowledgement thereof by such of said parties as shall become signatory parties hereto, one of the duplicate originals hereof, so executed, shall be by the Secretary of the Arkansas Valley Ditch Association delivered to the President of The United States Irrigating Company, and the other of the duplicate originals hereof shall be by the President of The United States Irrigating Company delivered to the Secretary of the Arkansas Valley Ditch Association, and such delivery to said President and Secretary respectively shall be taken and deemed to be a delivery of this contract to each of the signatory parties here- to, and such method of delivery hereof is hereby adopted by all of the parties hereto as having all of the binding force and effect of an actual delivery hereof to each of the parties hereto, The President of The