OCR Text |
Show "2, Colorado waives any objection to the delivery of water for irrigation of lands in Nebraska by the canals mentioned in paragraph 1 of this article, and agrees that all interests in said canals arid the use of waters carried thereby, now or hereafter acquired by owners of lands in Nebraska, shall be afforded the same recognition and protection as are the interests of similar landowners served by said canals within Colorado: PROVIDED, HOWEVER, That Colorado reserves to those in control of said canals the right to enforce the collection of charges or assessments, hereafter levied or made against such interests of owners of the lands in Nebraska, by withholding the delivery of water until the payment of such charges or assessments! provided, however, such charges or assessments shall bo the same as those levied against similar Interests of owners of land in,Colorado. l73« Nebraska grants to Colorado the right to acquire by purchase, prescription.^ or the exercise of ominent domain, such rights of way, easements, cr lands as may be necessary for the construction, maintenance, operation, and protection of those parts of the above-mentioned canals which now or hereafter may extend into Nebraska. "ARTICLE VI, . "it is the desire of Nebraska to permit its citizens to cause a canal to be constructed and operated for the diversion of water from the South Platte River within Colorado for irrigation of lands in Nebraska; that said canal may commence on the south bank of said river at a point southwesterly from the town of Ovid, Colorado, and may run thence easterly through Colorado along or near the line, of survey of the formerly proposed Perkins County Canal (some- times known as the South Divide Canal) and into Nebraska, and that said project shall be permitted to divert waters of the river as hereinafter provided. With respect to such proposed canal it is agreed: "1, Colorado consents that Nebraska and its citizens may hereafter construct maintain, and operate, such a canal and thereby may divert water from the .South Platte River" within Colorado for use in Nebraska in the manner and at the timo in this article provided, and grants to Nebraska and its citizens the right to acquir by purchase> prescription, or the exercise of eminent domain such rights of way, easements, or lands as may bo necessary for the construction, maintenance, and operation of said canal; SUBJECT, HOWEVER, to the reservations and limitations and upon the conditions expressed in this article which are and shall be limitations upon and reservations and conditions running with the rights and privileges h.oreby granted, and which shall- be expressed in all permits issued by Nebraska with respect to said canal. "2# Th_e net future flow of the lower section of the South Platte River which :may remain after supplying all present and future appropriations from the upper section and- after supplying all appropriations from the lower section perfected prior to the 17th day of December, 1921 and after supplying the additional future appropriations in the-lower section for the benefit of which a prior and preferred usg of thirty-five thousand- acre-feet of water is reserved by subparagraph (a) .of this article, may be diverted by said canal between the 15th day of October of any year and the 1st day of April of.the ¦ next succeed ing year, subject to the following.reservations, limitations and conditions: ..;•-¦ |