AZ vs. CA:03 California Exhibits, Vol III; Nos. 114-150

page 6

be of such width as will permit the construction, operation and maintenance of a canal thereon of such size as the said Andrade may elect, sufficient to carry water for irrigation (according to the common usuages of that section) of all the lands located in Lower California, Republic of Mexico, now owned by the said Andrade, or which may hereafter be owned by or in the possession of any corporation in which he may be a stockholder; the stock of the "Company" to this agreement excepted. 4. The said Andrade shall not be entitled to use the rights of way hereinabove conveyed for any other purposes than the construction, operation and maintenance of canals for conducting water for the irrigation of lands hereinabove mentioned, or for domestic purposes, unless by the written consent of the "Company;" nothing herein, however, to prevent said Andrade from using the said water, after the same shall have passed from the lands of ........ party of the first part, for such other purposes as he may see fit on other lands belonging to him, or to any corporation of which he may be a stockholder, other than the corporation "Company," party hereto. 5. All gates, weirs, openings or other structures reasonably required to successfully deliver water from the Salton, or Carter, or Paredones River, or from the said proposed Main Canal, to the said Andrade, into his connecting canal or canals, shall be constructed by said Andrade at his own expense, but under the reasonable control, direction and plan of first party and thereafter shall become, be and remain the property of the "Company," though a part and the head of said connecting canal or canals, and shall be maintained and repaired and, whenever necessary, renewed by the "Company;"