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

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party and to be thereafter owned, possessed, controlled and maintained by it. Said lateral ditches to be constructed wherever necessary to irrigate the lands owned or located by the stockholders of second party, and to be either as originally constructed, or by subsequent enlargement, of ample size to convey to the stockholders of second party an amount of water equal to two-thirds of one (1) acre-foot per month for each share of stock of second party owned by them, provided, that if any of the stock of second party shall have been sold by third party, and located upon any tract of land, which cannot at an expense of more than double the average cost of the construction of said lateral ditches, be irrigated by gravity from said lateral ditches, then third party at its option, may refund to the owner of the stock, which has been located upon said tract of land which cannot be irrigated as aforesaid, an amount of money for each share of stock located upon such land, which together with any balance then due to third party upon such stock shall equal the price at which third party is then selling such stock, and that upon making such payment, such stock shall thereupon be assigned to third party, and that by tendering said amount, third party shall be relieved from all obligation to construct such lateral ditches in such manner as to enable the owner of such land to irrigate the same therefrom. X. In order to avoid any loss to second party by reason of seepage, evaporation, or other causes, between said point upon said international line at which said water is to be delivered by first party to second party, and the place where second party is to use the same; it is hereby mutually agreed that the water so to be delivered to second