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001099 , For a considerable period from the date contract users began to take water from the ditch, it is by no means olear as to how muoh these oonsumers, other than the city, used. In 1874 The Platte Irater Company began entering into vlritten contracts with consumers, and passed a rule oonoerning the method of measuring water taken from the di teh, whioh was to the effect that the water should be measured through boxes located at right angles to the ditch. with a pressure of one inch above the orifioe. The contracts thereafter exeouted with consumers were exp1ioit.with respeot to the manner of placing the boxes, their length. grade and pressure per- mitted in conformity with the rule mentioned. and limited the consumer to the oarrying capacity of the boxes so p1aoed for his use. After the city cOntraoted to purohase the ditch, we think the evidence establishes that similar oontracts were entered into between consumers and the city. All these contraots were entered into annually. The evidence discloses that many of the boxes were not maintained with a pressure of one inch. but in many instances at a much greater pressure, and that this was per- mitted by employes of the olmer of the ditch. but without the knowledge or oonsent of the owner. It also appears that the exoess water thus obtained was not oontracted or paid for by the consumers, who, by the means mentioned, secured more water than their respective contracts called for. . The trial court, upon the theory that the contract consumers were appropriators from t.le river. llYlarded them the volume actually applied to their land, even though in excess of the volume contracted for. This was clearly error, for the reason already given, to the effect that the rights of these contract consumers were limited by their oontracts so far as valid. A provision in a contract between the consumer and oarrier limiting the volume of water which the consumer is entitled to have del- ivered is valid. Drach v. Isola, 48 Colo. 134, 109 Pac. 748. Some of the consumers of water or their grantors executed to The Platte Valley liater Company, before it sold to the city, right of way deeds, in which it Was provided that liThe Platte Hater Company, its suc- cessors or assigns. shall, from year to year, deliver water to the grantor. his heirs or assisns, for irrigation. if applied for on or before the fifteenth day of May of eaoh year, under the rules, conditions and re(!;UlatioI1.:; governing the sale of water for irrigation. in 1874. to farmers under the ditoh, but at a reduction of one-sixth of the rates charged for said year.1I The rights obtained by the grantors of such deeds, and their successors or aSSigns. are involved, as we understand from briefs of counsel that the o our',; treated the grantors of such deeds and their suooessors in interest as appropriators whose rights oontinued from the date they first applied water to their lands, unless lost by abandonment. The stipulation mentioned does not bind the grantor to take water for any particular length of time, or in any specified volume. The company agrees to carry a sufficient volume to irrigate the land through which the right of way was granted. upon condition. however, that the grantor applied on or before May 15th of each year. This does not obligate the grantor, in any manner, but gives him a right more in the nature of an option. which he may exercise at his pleasure. If he deolines to take water for any year, no liability attach6s on. aooount of his refusal, and no cause of action -7-