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

Home Browse Search

United States Irrigating Company shall,, at the expense of first parties who sha11 become signatory parties hereto, cause the duplicate original of this contract so to be delivered to him to be recorded in the office of the Register of Deeds of Finney and Kearny Counties, Kansas, within ten days after the same shall have been so delivered to him; and the said Secretary of the Arkansas Valley Ditch Association shall, at the expense of second parties who shall become signatory parties hereto, cause the said duplicate original hereof, so to be delivered to him, to be recorded in the offices of the Clerks and Recorders of Otero, Pueblo, Crowley, Bent and Prowers Counties in the State of Colorado, within sixty (60) days after the same shall have been so delivered to him. This contract may likewise be recorded in any other of the counties in Irrigation Division No. 2 in the State of Colorado, and in the County of Hamilton in the State of Kansas, should any signatory party hereto so demand, such recording to be at the expense of the party making such de- mand. Either duplicate original of this contract, or a duly certified copy of the re ord thereof, certified by the Clerk and Recorder of any County in the Mate of Colorado wherein this instrument shall hereafter be recorded, or a copy of the record of this contract, duly certified by the Recorder of Deeds of any County in the State of Kansas in which said contract shall hereafter be recorded shall be received in evidence in any action at law, suit in equity or other legal proceedings for the purpose of establishing all or any of the terms and provisions of this contract. II. Upon the issues involved in said pending suit, no party here- to nor to said pending suit shall be deemed to have conceded any claim made in said pending suit by any other party or parties hereto or to said pending suit, nor to have relinquished any claims as against any person, association or corporation other than the parties hereto (ex- cept as is hereinafter in paragraph V hereof set forth), to any of its legal or equitable rights as set up and claimed in said pending suit, but this contract shall be, upon its final execution, according to its terms, conclusive as to the legal and equitable rights to the use of water from the Arkansas River, as between the signatory parties hereto. Neither of the signatory parties hereto, nor any of them, shall be pre- cluded in any suit or proceeding hereafter brouTht, and to which they or either or any of them shall in any mma.ner become parties, involving claimed rights as appropriators of water from said river other than those rights settled, determined and precluded under this contract, from asserting any cause of action or defense which has been or might have been asserted or set up in said pending suit by any or either of the parties hereto. III. Second parties will henceforth recognize the right of prior- ity of The United States Irrigating Company for its oanal known as the Great Eastern Canal, as of date the 27th day of August, A. D. 1910, the same being the date upon which said pending suit was begun, for two hundred ninety -seven (297) cubic feet of water per second of time, .,12..