OCR Text |
Show - 0 - or at tho head thereof, for tho uso of tho plaintiff, shall bo plaood therein and thereon by tho plaintiff to correspond with plans and specifications to be furnished by the said Captain 0. G. Hall, Acting Indian Agent or his successor according to whoso approval tho whole work of tho said enlargement and means of controlling the water to bo placed, therein by the plaintiff shall bo made to correspond; provided, however, that if tho said Captain 0. G. Hall, or his successor shall neglect or Refuse to provide said plans and specifications at suoh tine as to enable the plaintiff to pursue the operation of enlarging the said canal at the opening of tho time in this decree provided for, or if suoh plans or specifications that night bo furnished should be deemed unreasonable, the plaintiff nay upon notice to the defendants app al t<n> the Court for furi-hor order heroin rospeoing the same'. 9th. It is further ordered, adjudged and decreed that tho plaintiff shall construct and maintain at its own cost and crcponse, all gate*?, dams, wiers, measuring and dividing devices ,Hnu other constructions required by it for tho control and withdrawing of any water that it may flow through tho said oanal, and shall Ye responsible for the repair, rebuilding and maintenance of the said canal-in addition thereto in the ratio and proportion that tho amount of plaintiff's water flowing through ft ho said canal from year to year bears to the araoungY of water running through the said canal to which plaintiff has no right, and shall be respors. bio for the exprmso of dividing and separating the water of the plaintiff from the other waters of tho said canal'. 10th. It is farther ordered, adjudged and decreed that tho plaintiff execute and file, in this Court, a good and sufficient undertaking in the aura of .$3000'.00 to too approved by tho Clerk of this Court, payable to the Secretary of the Interior of the "Jnitod States of America, on (to his successors in office and his successors in title and interest in said canal, conditioned for the proper exeoution of the enlargement of said canal, and the maintenance |