OCR Text |
Show N. center N..V. l/d Soc. 4, aforesaid, thence S. 75 15' W. 300 ft; S. 22 W. 600 ft; S. 61* SO" W. 200 ft'j , through th-) 7^nd of tho defendant, Jamos R. Rodfoot, to a point 220 ft. &. SA,'.'. Cor/ N.W.l/4 Of N.W.l/4 said Soo. 4, thonco S. 61 30' W. 200 ft; S. 52° 45' W. 400 ft. through tho land of tho defendant, Alice Anthony, to a point COO ft. N. o.C tho W. 1/4 ooz'. said Son. 4; the .-ten S. 52" 45' W. 600 ft; through tho land of the Yd (.fondant , Maggie Woods, to a uoint 700 ft. W. of W. l/4 Cor. Soc. 4 aforesaid; thence N. 78 15^ W. 300 ft; S. 73° 4 5' W. 75 ft. through tho land of tho defend-ant Billy Woods, to a point 95 f_. S_ N.V.'_ Oor. N.F., 1/4 B»K. 1/4 of Soo. 5. Tp. and R. aforesaid; thonco S. 73° 45' W. through tho land of the defendant Albert Xono, 25 ft. to the terminus of "Canal No. 1" proper, which is 7" W. 115 ft. of N.W. Cor. N.E. l/4, S.E. l/4 said Soo. 5'. 4th. Said canal No, 1, the center of which is above given, is 8 foot wide on the bottom, and vr. 11 carry 2-l/2 foot in depth flow of water with a fall of 15 foot p-or mile, and the heighth of tho lower bank of the canl is 4 nfeot above the bottom of tho canal, which heighth it is necessary to maintain to preserve a sufficient strength for tho said canal; and in order to carry the said 260 second foot of water of the plaintiff as above stated, it is necessary to enlarge tho said canal as follows, to-wit, ~ To a width on tho bottom of 22 foet on its present bottom level and maintain the lower bank of said cann.l at a hoighth of not less than 4 foot above the bottom of the canal. By the said enlargement tho plaintiff will be enabled to convoy its writer through tho said canal to tho lands of its stockholders, which are arid and without artificial irrigation will not produce agricultural crops'. 5th. That tho easement and right of way through the said csnal over the lands above described is for a public use, that of conveying water therethrough and theroovur for irrigation and domestic purposes, andais the only practical way by whioh plaintiff may-obtain water for tho irrigation of the lands of its stockholders, and the condemnation of the land o-ver which said canal extends to tho width on either side of said line necessary for the onlargemont to the extent aforesaid, is authorized by law, as well as tho right to enlarge the said oanal and this is a proper case for tho condemnation of said land to tho oxtont aforesaid, and tho establishment of tho right on the part of tho plaintiff to 11 largo said canal', 6th. It is further ordered, adjudged and decreed that a strip of land 50 foot wide, tho center lino of which is hereinbefore described, is necessary for the said canal purposes, nnd the sane is hereby condemned for said ur.o to and for the plaintiff and Jamos R. Garfield, Secretary of the Interior, for tho uses and purposes for whioh ho holds, title to the said canal under tho laws of the |