222 



THE IRRIGATION AGE. 



(Continued from page ^04.) 



age caused by leakage, breakage or overflow of canals, 

 or by unavoidable shortage of water supply. The set- 

 tler agrees to a pro rata distribution of the water avail- 

 able in case of such shortage. 



Company agrees to pay all taxes for which settler 

 may be in default. The amount of such taxes, with in- 

 terest at 8 per cent, to be added to the lien upon the 

 settler's entry. 



UTAH. Company reserves power rights in water 

 from final disposal. 



Notice to the effect that maintenance fee is payable 

 may be served in person or by registered letter. Failure 

 to pay such fee, within :!0 days of date when due. consti- 

 tutes a default, vesting the company with the right to 

 foreclose against the settler, and to discontinue his sup- 

 ply of water. 



Company will transfer, by warranty deed, water rights 

 and interest in the system upon full payment of pur- 

 chase price, or, at its option, it may issue shares in a 

 corporation to be formed to take over the property. 



MONTANA. Company restricted to a definite period 

 of time for reclamation and settlement of land. 



Provision made for opening of land by drawing. 



Shares in operating company one share to each acre 

 pass with first payment to be held by construction 

 company as collateral security for payments due. The 

 company votes settlers' shares until such time as 35 per 

 cent of the purchase price has been paid. 



"Units" of segregation are turned over to operating 

 company for control, upon proper certification that such 

 portions of the system are completed according to con- 

 tract, and "operating company" shall have the right to col- 

 lect the tolls levied. 



Wlien 90 per cent of the total purchase price of all 

 water rights has been paid in full, (or sooner, at its 

 option) the company shall transfer by deed, to the oper- 

 ating company, all of its interests, excepting only the 

 right to sell, or to contract to sell, water rights at that 

 time unsold. 



Water is measured where sub-laterals leave main 

 laterals. 



Company reserves the right to deliver water by an 

 approved system of rotation. 



Company reserves the right to pro-rate available 

 water in case of shortage of supply. 



Enlargements of the system may be made with the 

 approval of the^ board (within a stated period). 



Rights of way for roads provided. 



Provision made for supplying water to cities and 

 towns. 



All notices to purchasers from the land board or from 

 the company to be mailed. 



OREGON. The contract in force in Oregon pro- 

 vides for many things, which, while not made the subject 

 of specific mention in other States, are nevertheless regu- 

 lated by statutory, or "unwritten" law, or by departmental 

 regulation. They will be referred to in detail on account 

 of their general importance. 



Irrigation season defined; "sufficient water" to be 

 delivered from April 1st to November 1st, and 1.8 acre 

 feet to be assured between May 23d and August 20th. 

 Water to be measured one-half mile from place of use; 

 to be delivered at company's option, by an approved 

 system of rotation, upon ten days' notice, with consider- 

 ation for the varying needs of different crops. Water to 

 be delivered at the highest practicable point to be reached 

 by gravity flow such point to be determined by the com- 

 pany. Disputes between company and settler as to point 

 of delivery to be settled by the State engineer. Water 

 shall be delivered under such reasonable rules as may be 

 adopted by the company, and approved by the State Land 

 Board. 



Settler shall construct the ditches necessary to bring 

 the water to his land and to distribute it. 



In case of shortage of water it shall be pro-rated. 



Settlers prohibited from polluting the water in the 

 company's canals, or in the ditches upon their own land, 

 unless such ditches terminate within 200 feet of the 

 boundary of the land. 



Company obligated to maintain telegraph or tele- 

 phone lines along its main canals. 



Payments, one-quarter cash or less, at company's 

 option. Balance in three, or seven, annual installments, 

 at Company's option; with interest at 6 per cent. 



Company may sell water-rights to "outside lands." 

 with the approval of the State Land Board, upon the 

 same terms and conditions as provided for "Carey Act" 

 lands, and upon the cancellation of an equal area of 

 irrigable "Carey Act" lands. Company agrees to transfer 

 10 years after date of its contract with the State, to a 

 "corporation of water users," all of its interests. Settler's 

 contract with the company provides for a pro-rata inter- 

 est in the "corporation," one share for each acre, when 

 such transfer is effected, the "company" retaining pos- 

 session of shares representing all water rights at that 

 time unsold. No rights of final possession shall pass to 

 any settler prior to such time. 



After the organization of such Water Users' corpor- 

 ation, and until the settlers shall have come into pos- 

 session of a majority of its shares, the company agrees 

 to elect to the board of directors of such corporation, 

 settlers themselves, in such number as their proportion- 

 ate interest in the ownership of shares shall entitle them 

 to. 



Company required to deposit, with the Board. $1.00 

 per acre, in cash, with each application for entry, as a 

 deposit for performance of contract, to be refunded at 

 the time of the transfer of the system to the water users' 

 corporation, and contingent upon approval of its work. 



Upon default in payment of either principal, or in- 

 terest continuing for the period of one year, company 

 shall be entitled to take immediate possession of the 

 land and all payments made, may. at its option be for- 

 feited (unless title to land shall have vested in the pur- 

 chaser and mortgage for same to company shall have 

 been executed). 



All necessary gates and devices for taking water at 

 point of delivery to be installed by company at settlers' 

 expense. 



Upon 30 days' default in payment of maintenance fee, 

 company may foreclose upon settler and refuse further 

 delivery of water while such default continues. 



Water to be used for stock, domestic and irrigation 

 purposes only water may not run to waste, and all water 

 after leaving ditches upon settlers' land shall belong to 

 the company. 



Right of way is reserved to the company over set- 

 tler's land for all necessary canals and for telegraph or 

 other wires, and for cables for conveying electric current, 

 also for roads, which may be opened by the company, or 

 by the county officials within ten years from date of con- 

 tract and to be confined to two acres out of every 40 

 acre tract, in the aggregate such roads, wherever possible, 

 to go on section and half-section lines half, of such road 

 to be taken from each side of the line, roads not to ex- 

 ceed 40 feet in width, and to be so located as not to inter- 

 fere with any permanent buildings, unless compensation 

 be rendered therefor. 



Company reserves the right to shut off water for a 

 reasonable period, if necessary, for the purpose of repair- 

 ing canals and ditches and for such interruption shal" 

 not be liable to the purchaser. 



To be continued in April issue. 



Engineers in charge of the Interstate Canal of the 

 government's North Platte irrigation project, Nebraska- 

 Wyoming, have been busy since the first of January lin- 

 ing the canal bank with brush and gravel to prevent 

 erosion during the coming season. At the Pathfinder dam 

 the equipment and supplies necessary in building the dike 

 are being assembled, a number of teams being constantly 

 employed hauling from Casper to Pathfinder. A board of 

 consulting engineers which met recently determined upon 

 the location and size of the south side tunnel, which will 

 be used as an additional outlet to the reservoir in times 

 of flood, and arrangements were immediately made to be- 

 gin drilling February 1. The lower portal of the tunnel 

 will be high on the canyon walls. ___ 



$ Send $2.50 for the Irrigation Age 1 year, and .:* 

 X cloth bound copy of the Primer of Irrigation ":* 

 ':'... . . .'' 





