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Show V Agreement to Exchange .Mountain for Lake Water I' HB K Final Detail to He Voted on at n B Special HtockuolilerV Meeting. H' One of the biggest problems an1 Hj Hint will menu more to Lcbl tlinn nny- H; thing that hns come up In n good H mnny years will bo the ndjourmrt H' meotlng of the stockholders of thu H' Lehl Irrigation company, that wlH be H held on Monday, February 2. It will K be to vote on thu agreement between H the Utah Lake Irrigation and the I.ehl Hf Irrigation companies relative to tlio Hj exchanging of Lehl'fl ennyon supply H ,. for water from Utah lake, tho latter Hf to bo supplied from the Utah Lake H, company's pumps and canals. Hi! ' The Lehl Irrigation company linb H''-" been worsted so many times In trrl- JH'j gntlou deals and has lost so iiiauv Sjt thousands of dollars by falling to take H,j advantage of lost opportunities that It Kl Is well for them to study thoroughly H , tho proposed exchange and tho pro- Hjf visions of tho agreement. H& J It will moan so much townrd the de- Hk vclopment of Lent's resources that no Hi citizen can afford to do anything to Ht J block the securing of moro water for H-j thin locality unless hn has some good HkJ and sufflcleut reason. The directors Kv of the Irrigation company met Thurs- V". day and unanlmously.ngreed to fnor- H ably recommend the uccoptnncu of the H'f contract which their nttomoy had Bf provlously amended in a few minor Hp ' details. Ht . Tlio agreomout follows, which we HP publish so that every member can Hf y5 study It for himself and then lay awn B? for reference. It 'appears to be lib- l ' oral in its terms and tho Lehl com- Jl puny appears to ba well protected Every stockholder should attend the Sj meeting. ri , AGREEMENT. pfj This agreement, made this 10th day W of January, A. D. 1914, between the tf- I'rovo Reservoir company of I'rovo, K Utah county, Utah, party of tho first t' part, and the I.elil Irrigation com- t Iany of Lehl, Utah county, Utah, party t of tho second part, wltnessoth: V U - That the party of tho Becond part jrj ,fc tho owner of a right to tho use of n portion ot the waters of American K Fork river, for Irrigation and other J purposes, particularly described, iib f follows: i One-third of the flow of said Amor-fl Amor-fl , (can Fork river from July 1 to Sep-'r-' ' Umber SO; ouc-alxth of tho flow or It Aid atream from September 20 to Dc- ffomber 1; one-tenth of the flow from December 21 to April 1 of the follow- '', ing year, and from April 1 to July 1 of aaid following yenr, during tho high ; water season, such an amount of W water as the canal ot tho Lehl Irrlga- B'l tlon company can carry, which la or- ' ! dlnarlly about one-sixth of tho flow of j Bald rlvor during Bald period. V I addition to the above described B-' water from American Fork rlvor, the :- party of tho second part Is the ownui i' from April 1 to July 10 by npproprln tlon nnd use of till the waters ot Do 1 Creek not heretororo appropriated and r owned by tho Alplno Irrigation com- H. pany and tho North Ditch Irrigation Ci ' company,, which water rights of said F companies do not exceed in the aggro- !gato fifteen twenty-sixths of the waters wat-ers of said creek during said porlod. II. Tho wator diverted and used from tho American Fork river by the party HU', f ,no Becond part is taken from that i) stream by means of n dam located Hf near the west boundary of tho north- Ho weBt quarter of Section 32, Township Hii 4 South, Range 2 West or tho Salt Bu Lako Meridian, and a canal, which jR carries the watorfrom said point or J.) diversion, in a general westerly dlrec- Jt tlon n dlstanco of about two miles to ji tho channel ot Dry Creek; thouco on Jl! to the farthest point or uso a dUtanco ji; ot about four miles. Said water Is ff diverted for ubo nt arTnmiT.tB along f tho courco of said canal and creek fi channel. J J' Thu wator appropriated and used J' from Dry Creok by tho party of the J second part Is taken from tho natural j chauuol ot Dry Creek nt sovoral points Ji along thec ourso or that stream, the fli) uppermost or which Is situated on tho Ji iiortheaBt iiuarter or the southeast Mf quarter ot Section 34, Township 4 HHff South, Raugo 1 East or tho Salt Lake f1 Dane and Morldlan. M''' IV- I The I'rovo Reservoir company, party j ot tho first part, Ib tho owner or wator j' rights OB follows: Jl From Utah Lako by pumpnge forty jl cubic feet of water por Becond; from J1 I'rovo river by direct diversion, a tlow j! In' excess or ICO cubic feet of water J, per second, and by storage on the MB'' tributaries or tho river, u quantity or Ofr wator In excess or 28,000 acre reel, Jr. those rights having bcon Initiated by ,'' application filed In the ofllco or the R Stato Engineer or Utah. K In addition to these rights the party jUt ot the llrst part controls by lease the ML' right to tho ubo or part or tho flow Mf from tho Ontario Drain tunnel, to- J gether with tho flow from the Moun- JHv tnln Laku and Snake Creek tunuols, nji. the combined flow from these tunnels Bn'l hold by said lease approximate twenty- Hri. llVR cubic feet or wntor per second. '; Finally, the party ot tho first part Hi". owns directly or by oxchnngo certain n;,' primary rights to the natural low Bj v water flow ot Provo rlvor, tho quan- ) tlty thereof being In excess or ten h cubic feet of wator por second. All '' of which abovo described water rights Hi and waters constltuto the sources j' TwBVa from which tho party of tho flrfcl parti Is to draw for the purposes of maintaining main-taining tho obligation or this agreement. agree-ment. V. Tho Lehl Irrigation company, parly of the second part, agrees that tho I'rovo Reservoir company, tho party of the first part, may divert water from the Amorlcan Fork river nnd from Dry Creok, or from tho Irrigation Irriga-tion works or tho party or tho Becond part, which tiro owned and used to flow tho wntor ot tho American Fork river and Dry Creek from tho natural chnnnols or said streams to tho several sev-eral places ot uso thereof; tho points of diversion from the sources specified above to bo inndo at points most con-vniiimit con-vniiimit fur tlm nun of the nnrtv of the llrst part. Tho quantity of water which tho party ot tho first part may divert under this agreement shall be equal to that which the pnrty of the second port carries o.r distributes tor Irrigation purposes below ,the elevn-tlqji elevn-tlqji or canal lino of tho I'rovo Reservoir Reser-voir company as tho same Is now constructed, con-structed, being approximately 300 feet nvo "compromise" elevation of Utnh Lake. The water diverted from the points whore tho party of tho llrst part diverts said wnter rrom the works ot tho porty or the second pnrt, or where the water Is diverted Into the works or tho porty or the first part rrom tho natural chauuel or Amorlcan Fork river or Dry Creek. VI. In exchongo for the wnter diverted In ncrordnnco with this agreement from tho natural channels of American Ameri-can Fork river and Dry Creek, and from tho Lehl Irrigation company's works as described In the preceding article, the i'rovo Itesorvolr company agrees to supply to tho party of the second part, ut the several points where the canals and laterals now constructed and used by tho party of the Becond port cross tho cannl lines or tho I'rovo Reservoir company, n quantity or wator equal to that divert ed trom the supplies or tho party of tho second part as Bet out In Article V. Said water trom the Irrigation system sys-tem or tho porty or the llrst part to be distributed to the Bald cannlB and lateral lat-eral or the party of tho second part as the sold porty ot tho second pnrt may direct. Tho water supplied rrom the canals ot tho party or tho first part , to tho canals and lateruls or tho party or the second port Is to be measured at Hie points where tho some enters the works or thu party or tho second part, ' VII. It Is further mutally agreed that measuring devices shall be malutnlued at nil tho points where wnter Ib diverted divert-ed from tho Irrigation works ot the pnrty or the second part, rrom the American Am-erican Fork river nnd rrom Dry Creek In pursuance or this agreement; nnd that measuring devices be maintained nt nil points where water is delivered Into the Irrigation works or the party of tho second part trom the canal of tho party or the first part as thls ngreemont provides. Theso measuring measur-ing devices to be Installed and main-tnlAod main-tnlAod in good oondltlon a may be .required by tho officer charged with 'fiio measurement of tho wntor, nil at tho expense ot the pnrty ot the first port. VIII. Measurements of the wntors Involved Invol-ved In this ngrcement are to be mndc by nn oflllclnl designated by tho president presi-dent of the Lehl Irrigation company and approved by tho president ot the Provo Reservoir company. In case ot n rnlluro to deteimlne upon an official to make measurements of the water, as aforesaid, It Is mutually agreed that the County Surveyor ot Utnh county or his authorized ngeut or deputy, shnll perform the work until nn official offi-cial shall bo npioluted agreeable to the provisions of section. All ot the expenses Incident to the measurements ot the wnter as provided provid-ed for In this ngrcement shnll be mndc wholly nt the expense ot the pnrty ot thu Arts pnrt, IX. In tho event that tho party or the first part shall fall to deliver to the party of the second part at thu several points ot delivery, us agreed upon In this Instrument, n quantity ot water equal to that which the party ot the first part Is diverting trom the supplies sup-plies or tho party ot tho second part, It shall be tho duty or tho officer In chargo of the measuring of the waters described, in this ngreoment to close tho diversion channels of the porty ot thu llrBt part, leading trom the supplies sup-plies ot tho party ot the second part, In ouch measure (hot the quantities delivered into Bold diversion channels shnll bo reduced to the umouul which tho party or the llrst part Is supplying to the Irrigation system ot the party or tho second part, as provided In Article VI. X. It Is further agreed that all of the waterways, canals and laterals now used by the party or tho second purt 1 tho oporatlon ot Its Irrigation system, sys-tem, which by reason or this exchange or wntor will not bo used to enrry water tor Irrigation purposes, are to. be cleaned nnd kept In good condition tor uso ns wuterwnys to curry snld Irrigation water ns efficiently ns they perform that function now. All the exponso nttoudont upon said cleaning shall bo borne by tho party or the first part. XI. Any damage that Is sustained by thu party ot the second part by reason or a failure by the party of tho first port to clean sold canals and laterals as set out In Article X, or nny damage that is sustained by thu pnrty of the second pnrt by any net or omission or the pnrty or tho llrst part which deprives de-prives tho party of the Becond port of the quantity of wator normally hod for uso rrom Amorlcan Fok river and Dry Creek under tho conditions that now exist, shall be taxed against tho party or tho llrst part. The determination determi-nation ot thu value or such damngo to bo made by a commission ot three, ono to bo appointed by tho party ot the first part, ono by tho party of the second part, nnd tho third to be so- , f T- Mm lected by the othor two, I After tho commission has deter- II mined thu damages as aforesaid, a do-II tailed report thereof shall bo madol to tho party of tho first pnrt, with nil statement that the Bnmo Is duo from tho party of tho first pnrt to thu pnrty I of the second pnrt. It the snld damages dam-ages shall rcmnln unpaid tor ten dnyn ntter the report thereof ns provided herein, tho oporatlon of this agreement agree-ment shall cease If tho party of tho second part Bhull bo elect, nnd thereafter there-after shall not bo resumed until tho snld damngcS nre paid. I'ROVO RESF.RVOIR COMPANY, By Pnrty of the First Part. LEHI IRRIGATION COMPANY, ny ' Party of the Second Pnrt. |