386 IBEIGATIOX INVESTIGATIONS IN CALIFORNIA. 



the companj' gave little intelligent consideration to their plans for the apportionment 

 of their supply. The following classes of rights are regarded by the company as 

 identical: 



First. Those belonging to parties who purchased land from the company and had 

 a tacit right to water from the sj^stem, although no reference to water was made in 

 the deeds. 



Second. Those belonging to owners of land, not purchased of the company, who, 

 by applying to the company, were allowed to take water without payment further 

 than the same annual rates charged to all land owners. 



Third. Those belonging to owners of land who, after 1892, purchased the water 

 right for a lump sum— a price started at $50 per acre and later raised to $100 per acre. 



The following form of contract was used for the third class of water rights: 



WATER-RIGHT CONTRACT. 



This agreement, made and entered into this day of , 189—, by and between the San 



Diego Land and Town Company, a corporation existing under and by virtue of the laws of the State 

 of Kansas, and the owner of certain water and water rights and a system for the deHvery of water to 



consumers, in the county of San Diego, State of CaUfornia, party of the first part, and , 



of — , county of , State of , party of the second part; 



VVitnesseth: That the party of the first part agrees to and does hereby sell to the party of the 

 second part a water right to 1 acre-foot of water per acre per annum for each and every acre of the real 

 estate hereinafter described, to be delivered through the pipes and flumes of the party of the first part 



at for the sum of dollars, payable as follows: Provided, the party of the 



first part may, at its option, change the place of delivery of said water so long as the same is near the 

 highest point on the lands for which the water is delivered, and provided further, that the same shall 

 be delivered xinder and in accordance with the rules and regulations established from time to time by 

 the party of the first part. 



Said water right is sold for the use of and to be appurtenant to the following-described real estate 

 now owned by the party of the second part in the county of San Diego, State of California, to wit: 



(Here follows description of land) consisting of acres. And it is expressly understood and agreed 



that the water right hereby sold shall belong to said described real estate and be used thereon and not 

 ■diverted therefrom or used on any other lands. 



In consideration of the foregoing stipulations and agreements the party of the second part agrees 



and binds self, heirs, executors, and assigns, to pay the sum above specified promptly, as the 



same and each of them fall due; and that will in all things comply with and perform the 



terms and conditions of this agreement on part to be performed, and that and 



they will promptly pay all annual water rates and charges for the water to which is 



entitled under and by virtue of this agreement, at rates fixed by the party of the first part, as allowed 

 by law, and at the times, in the manner, and according to the rules and regulations made and adopted 

 by the party, of the first part, the annual rental for the amount of water to which the party of the 

 second part is entitled under this contract to be paid whether the same is used or not, and also to pay 



for all water used by on said land for domestic purposes at the rates fixed by the party 



of the first part and allowed by law. 



It is further agreed that the amounts hereby agreed to be paid for said water right and for the 

 rates for the water shall be a charge and lien upon the real estate above described, and run with and 



be binding thereon, in the hands of the party of the second part, heirs, executors, and assigns, 



in the same manner and to the same extent as if a mortgage were given to secure the payment thereof. 



The payments above provided for, and each of them, must be made to the party of the first part 

 at its office at National City, in the county of San Diego, State of California. 



And it is expressly stipulated and agreed that time is of the essence of this contract, and in case 



of the party of the second part, heirs, executors, or assigns shall fail to make the payments 



aforesaid, or any of them, or any part thereof, at the times aud place above specified, then this con- 



