|
for domestic and irrigation purposes, of the water flowing in the
<br />Arkansas River across the state line between the States of Colorado
<br />and Kansas, measured at said state line, the same to be used only
<br />for direct irrigation and for immediate application to the land, as
<br />distinguished from the storage of said water, and will likewise recog-
<br />nize the priority of its said canal known as the South Side Ditch, as
<br />of the same date, for one hundred three (103) cubic feet of water per
<br />_ second of time, for domestic and irrigation purposes, of the waters
<br />flowing in the Arkansas River, at and measured at the same point, the
<br />same to be used only for direct irrigation and for immediate applica-
<br />tion to the land as distinguished from the storage of said water; fur-
<br />ther, second parties will henceforth recognize the right of priority
<br />of The Kearny County Farmerst Irrigation Association, for its canal
<br />known as the Amazon Ditch, as of date the 27th day of August, A• D•
<br />1910, the same being the date upon which said pending suit was begun,
<br />for. one hundred fifty (150) cubic feet of water per second of time for
<br />domestic and irrigation purposes, of the waters flowing in the Arkansas
<br />River across the state line between the States of Colorado and Kansas,
<br />measured at said state line, the same to be used only for direct irri-
<br />gation and for immediate application to the land, as distinguished from
<br />the storage of said water; further, second parties will henceforth recog-
<br />nize the right of priority of the said The United States Irrigating
<br />Company, for its Reservoir Noe 5, as of said date, to -wit, August 27th,
<br />1910, for one annual filling thereof, for domestic and irrigation pur-
<br />poses, to the extent of thirty -seven thousand (37,000) acre feet of
<br />water, out of the flow of said river at and measured at the same point,
<br />said filling to be practiced only at such times as a reservoir or stor-
<br />age right of date August 27, 1910, would, if decreed by the Courts of
<br />the State of Colorado, entitle the owner thereof to store water there-
<br />under, and said recognition of each of said rights shall have the same
<br />force and efftet as if the same were embodied in a decree of court; de-
<br />creeing and awarding the several respective rights above enumerated,
<br />The United States Irrigating Company agrees to respect and recognize
<br />and be bound by the decreed priorities of each of the parties of the
<br />second part as the same are now or shall be established by decrees
<br />of Court entered in the State Courts of Colorado, or any Federal Court,
<br />wherein any such decree may have been or shall be pronounced and entered,
<br />that is to say, it will accept as its date of priority for its appro-
<br />priations of water for its said ditches and its said reservoir the 27th
<br />day of August, A• D. 1910, as against second parties, without, hotiarever,
<br />waiving or relinquishing any of its rights as against others not par-
<br />ties to this agreement, and will not henceforth assert any claim to
<br />priority as against any or either of the parties of the second part,
<br />in any suit or proceeding in any Court, state or Federal, and will not
<br />make any claim to the waters of said river or any part thereof, as
<br />against the second parties or either of them for domestie,storage or
<br />irrigation purposes, of a date earlier than the 27th day of August,
<br />. A, D. 1910, nor contrary to the decreed priorities of second parties,
<br />PROVIDED, (a) that if the said The United States Irrigating
<br />Company shall hereafter bring any suit in any Court against any appro-
<br />priator of the waters of said river in the State of Colorado, not a_
<br />party hereto nor to said pending suit, or shall, as is hereafter pro-
<br />- 13 w
<br />
|