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

• Description: Water Rights
• State: CO
• State: KS
• Basin: Arkansas
• Water Division: 2
• Date: 2/19/1916
• Author: The US Irrigating Company et al., Kansas, The Graham Ditch Company et al., Colorado, CWCB
• Title: Contrast Between the US Irrigating Company, et al. and the Graham Ditch Company, et al.
• Water Supply Pro - Doc Type: Contract/Agreement

vided it may do in case of default on the part of any of second parties
who are parties to said pending suit, in the payment of the sun here-
inafter covenanted to be paid in settlement of said pending suit, pro-
coed further against any of said second parties, by reason of such de-
fault, and shall procure against any such appropriator in Colorado, or
against any such defaulting party a decree awarding to it a priority
of date earlier than the date of, the commencement of said pending suit,
such decree shall be so framed as to protect second parties not so in
default, from the effect of such decree, and in the administration of
such decree the same shall be administered as subject to the rights of
said second parties not so in default, and no demand shall henceforth
be made by the said The United States Irrigating Company under any such
decree for any water as against said second parties not so in default,
nor shall any such demand be made as against the person, association or
corporation against whom such decree shall be entered, the effect of
which would be to cause water to be delivered in Kansas to the detri-
ment of any of said second parties not so in default, And
PROVIDED, FURTHER, (b) that nothing herein contained shall
be construed as in any way affecting the rights and priorities of the
parties of the first part as recognized and established in this con-
tract, the intention being that the parties of the second part shall
not under the terms of this contract be entitled to any protection
with reference to any rights of priorities initiated subsequent to
the 27th day of August, 1910, as against the rights of parties of the
first part, as herein recognized. And
PROVIDED,FURTIER, (c) that all claimed appropriations of
water for domestic, irrigation or storage purposes by any of second
parties or their predecessors in interest, which had their inception
prior to the date of the commencement of said pending suit and which
have been by the proper tribunal and in the manner prescribed by the
laws of the State of Colorado decreed to have a priority as of a date
prior to the commencement of said pending suit, or which have since
the commencement of said pending suit diverted, distributed and applied
water for irrigation, storage and domestic uses and which shall here-
after by the proper tribunal and in the manner prescribed by the laws
of the State of Colorado be decreed to have a priority as of a date
prior to the commencement of said pending suit as between the signatory
first parties hereto, and any of second parties and their predecessors
in interest, be deemed and taken to be exceptions to said first partiest
rights of priority, and the said first pastiest rights of priority
shall be subject thereto, and shall not be asserted in priority to such
rights. Nothing herein contained shall prevent the signatory first
parties hereto, or any or either of them, from asserting in any form
of proceeding, either before or after decree, that such claimed prior-
ities which are not now evidencedby decree of Court did not as a matter
of fact have their inception prior to the date of the commencement of
said pending suit or have not at this time diverted, distributed and
applied water .tor irrigation, storage or other domestic purposes. All
appropriations by second parties or any of them having their inception
since the commencement of said pending .suit, shall be forever subject
to first parties' said rights of priority as hereinbefore defined, and