OCR Text |
Show 17. 8th. And the seicl party of the second part, for herself and her heirs and assigns, agrees in consideration aforesaid, to waive, and hereby does waive, any and all claims for loss or damage by reason of any leakage, or overflow from any pipe-lines, or ditches, or from any reservoirs, or laterals of the party of the first part, upon the aforesaid tract, anything in an:: stettte, law or custom to the contrary notwithstanding. 9th. The party of the second part shall construct and maintain in good order and repair, a ditch upon said land of such size and grade, and at such point and location, as shall be prescribed by the party of the first part, to catch and conduct to some main lateral ditch of the party of the first part all waste flowing upon said tract of land. v 10th. The right of way over and through the tract of ¦ Hpd hereinbefore described, for all main, lateral, and waste ,WMt9Tt ditches or pipes, required by the party of the first part, ii hereby granted unto said party of the first part; and it is hereby covenanted that all ditches constructed under this agree- ment shall be under the perpetual control of the party of the first part, but that the party of the second part assumes the responsibility to, and will at all times, so control all water furnished by virtue of this contract, as to prevent it from flowing upon or injuring in any manner the property of any other party. |
Source |
Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : California exhibits. |