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State of Colorado, prior in point of time to the parties of the
<br />second part, is of vital importance to the parties of the second
<br />part, therefore, should first parties, or either of them, hereafter
<br />bring any suit or suits, either at law or in equity, in any Court,
<br />state or Federal, having for its or their object the obtaining of
<br />any relief similar to the relief sought by the complainant in said
<br />pending suit, or having for its or their object the establishing of
<br />rights to the waters of said river for storage, irrigation or domestic
<br />uses, in priority to the decreed rights, antedating August 27, 1 9 10 s
<br />of any appropriator or appropriators of the waters of said river in
<br />Colorado, not herein named as a second party hereto, then and in that
<br />event the said appropriator or appropriators so attacked may, at his
<br />or their option, pay the complainant or complainants in such suit or
<br />suits, at any time prior to the commencement of the taking of testi-
<br />mony therein, a sum equal to fifty (50) cents per acre of the land by
<br />him or them respectively then irrigated by means of the decreed appro-
<br />priation or appropriations attacked in said suit or suits, or may de-
<br />fend said suit or suits. In the event that any such Colorado appro-
<br />priator or appropriators so attacked shall elect to make such payment
<br />in settlement of such suit or suits, the rights of the par ties to such
<br />suit or suits shall, upon such payment, be the same in all respects as
<br />if they had all become signatory parties hereto, and upon such payment
<br />as aforesaid into the registry of the court wherein such suit or suits
<br />shall be pending, for the use of the complainant or complainants, such
<br />suit or suits shall be dismissed at the cost of the complainant or com-
<br />plainants. This proviso shall apply to associations and corporations,
<br />as well as to private persons, being the oi�aiers of canals or reservoirs
<br />in Colorado, and not being named herein as second parties hereto, and
<br />in case of the bringing of any such suit or suits, and of the payment
<br />of said sum of fifty (50) cents per acre within the time above limited,
<br />such payment shall inure to the benefit of both of first parties,
<br />whether they be parties to said suit or suits or not, to the end that
<br />there shall be but one payment of said sum of fifty (50) cents per
<br />acre in settlement of all rights botz first parties and all of them,
<br />and the defendant or defendants in such suit or suits, and the dismis-
<br />sal of any such suit or suits, whether brought by one or more of first
<br />parties, shall operate as a bar to any subsequent suit or suits which
<br />may be brought by either of first parties, against any such Colorado
<br />appropriator, for any of the purposes in this paragraph set forth, or
<br />having for its or their object the establishing of rights to the waters
<br />of said river for storage, irrigation or domestic uses, in priority to
<br />the decreed rights of any such appropriator or appropriators of the
<br />waters of sai:' river in Colorado; provided, however that none of the
<br />provisions of this paragraph 5 shall apply to the waters from the
<br />. Picketwire or Purgatory before or after their discharge into the Ar-
<br />kansas River.
<br />VI.
<br />As a consideration moving from second parties to first par-
<br />ties who are signatory parties hereto, for the making of this contract,
<br />and for the covenants and agreements herein contained to be kept
<br />and 'perfdrmed by the said first , parties
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