BOOK 1 PAGE 82
Agreement Between Arkansas Land, Town and Canal Company and
Abraham Armentrout
Filed for Record at 9 O'clock a.m. Feb. 26, 1890 J.E.Gauger Recorder; A.R. Bartholomew Dep.
This Agreement made and entered into this eleventh day of March 1884 by and between The Arkansas River Land Town and Canal Company, party of the first part, and Abraham Ilrmentrout party of the second part. Witnesseth Whereas the said second party has heretofrom obtained certain Water rights by taking a ditch out of the Arkansas River for the purpose of conducting water through the same for irrigation , and said ditch is constructed through the following described land, to wit: beginning at a point about Six hundred feet up the River in a North Westerly direction from a point South 71 degrees West true magnetic course from the S.E. Cor of Sec. 29, T. 23S., R. 55W 6P.M. and seventeen hundred and five (1705) feet district therefrom running thence in a S.Easterly direction through the N.E. 1/4 of Sec. 32 and the N 1/2 of Sec. 33 all being in 2 or 3 S. R.55W 6 P.M. all lying and being in the County of Bent and State of Colorado, the property of said party, and Whereas the said first party did, on the 15th day of December 1883 incorporate a company for the purpose of constructing a canal, locating the head-gate of said Canal and a portion of said Canal, on the said land, of the size and diversions in the Articles of Incorporation named. Therefore in consideration of Mutual advantage to the parties hereto as hereinafter named, it is hereby agreed First That said finest party shall have, upon the signing of this Contract, the right to enter on said land for the purposes of surveying, locating and constructing its head-gate and Canal and operating the same, as provided by law it may.
Second That said first party shall locate its Canal through said property at such place as its Engineer may deem the most practible. Third That when so much of said ditch is completed and in condition to be operated to supply the said second party to irrigate six hundred and twenty acres of land of the said land above described, then the second party will execute to the said first party a good and sufficient deed to 4 the land upon which said head-gate and ditch are located on said land, a strip of said land one hundred feet in width and one acre of land situated on the North side of a line- of said Canal fronting on the river adjoining and North of the head-gate of said Canal as the said engineer may determine to be for the best interest of said first party.
Fourth That upon the signing and delivery of such deed for said land by said first deed for said land by said second party, said first party, as full consideration therefor sell make and issue to second party his heirs or assigns a perpetual water-right for Six Hundred and twenty acres of land of the said above described land as said second party may elect, and such Water right shall be free from any future tax or assessment by said first party, and of such
form in other respects as the Company may adopt for its water-right System.
Fifth That second party, by sufficient transfer in writing, will convey to first any and all right he may now have in any and all water-rights by reason of taking water out of the Arkansas River as aforesaid.
Sixth That the first party will, without being subject to any damage on account of seepage or otherwise from said ditch or Canal on said land, have the right to operate the same as provided by law, and it is hereby agreed that the advantages and water privileges hereby agreed to be conveyed when conveyed to second party will be full compensation for any in convenience or damage that may hereafter happen to said land by using and operating said Canal by first party or its successor, successors, or assigned.
This Contract signed and sealed this 11th day of March. A.D. 1884 attest the Arkansas Land and Canal Company.
H.D. Perkey, Secretary A.L. Haskell, President Abraham Armentrout
Book 1 Page 84 #364
Water Deed
The Arkansas River Land Reservoir and Canal Co. TO
Armentrout and John A. Himebough Filed for Record Feby 26, 1890 9:30 a.m.
J.E. Gauger Recorder A.R. Bartholomew Dep.
Known all men by these presents that the Arkansas River Land, Reservoir and Canal Company. (A Corporation existing under the laws of the State of Colorado) of the first part for and in consideration of the sum of one Dollar to it in hand paid by Abraham Armentrout and John A. Himebaugh of the 'County of Elpaso and State of Colorado, of the second part the receipt whereof is hereby acknowledged, and in consideration of the covenants; and promises contained in a certain agreement, dated March 1, 1884 and made by and between The Arkansas River Land Town and Canal Company and said Abraham Armentrout one of the parties of the second part, and in first consideration of the Mutual Covenants and agreements in this deed contained, to be performed and kept by both of said parties, and hereafter specially mentioned, hereby grants, bargains, sells and conveys to the said second parties, their heirs and assigns forever, Six Hundred and twenty (620) statutory inches of water, that is to say, the •right to the use of Waters flowing through the Canal of said first party to the amount of six hundred and twenty (620) inches thereof subject however to the following reservations and conditions, to which said parties of the second part expressly agree:
First Said Company to furnish the said water to the second parties or assigns continuously during the irrigating seasons of every year except as hereinafter provided, and at no other time, unless with consent of the Company thereto in writing.
Second Said water shall be used only for irrigating and domestic purposes on the following described tract of land to wit:
Any of the lands lying between said Canal and the Arkansas River, and between a North and South line passing through the head-gate of said Canal and the east line of Section thirty-four of Range fifty-five West.
Third The said second parties, their heirs or assigns, shall not permit said water or any portion thereof, to be furnished as aforesaid, to run to waste, but as soon as a sufficient quantity shall have been used for the purposes herein allowed, the second parties their heirs or assigns shall in such manner as the first party may prescribe notify the first party that the said water may be shut off, and shall also give the first party timely notice when the same shall be again needed for the purposes aforesaid; but in no case shall the amount of said water taken or received at any, by
the said second parties, their heirs or assigns, exceed the quantity first herein referred to i• e Six Hundred and twenty (620) statutory inches at gate opening.
Fourth The said company shall deliver said water at such point or points along the line of said Canal or ditch or from any of its reservoirs, or either or all, as may be the most p and as here after provided with the manners of withdrawing and regulating the supply of said water from said Company's Canal, ditch or reservoir. Shall be prescribed by said Company, and shall at all times be under its control, as determined and directed by the Board of Directors of said Company. The headgates, flumes, weirs or other arrangements through which the water hereby sold shall be drawn off from the said Company's Canal ditch or reservoirs, shall be made and place in position by said Company. But at the cost of said second parties, who shall also be liable for the expense of keeping the same in good repair and condition, and the said Company may collect and enforce the payment of all sums expended for said purposes in the same manner as other assessments or collected by said Company.
Fifth The said first party agrees to keep and maintain said main canal or ditch in good order and condition, and in case of accident to the same to repair the injury thereby occasioned as soon as prac ble and expedient: but the water rights hereby granted shall not be assessed for any purpose except as above provided in Paragraph 4.
Sixth The said first party to have and the said second parties hereby grant to the said first party, a right of way across said above described land of the width of Fifty (50) feet on each side of the center of the main canal of said first party as now located and also the right of roadway on the banks of the Canal, and in case a fence is constructed by said second parties across said roadway they should construct and maintain a gateway across said bank, when said first party finds it necessary to use said bank as a roadway, in which case said first party shall close said gate when opened by it. And the parties of the second part hereby grant and convey to the party of the first part one acre of land on the north side of said right of way and fronting the Arkansas River at the headgate of said Canal in Section thirty two (32) also, the franchise, water rights and priorities of the second parties in and to the waters of the Arkansas River, dating somewhere between the years 1860 and 1870 and referred to in the contract above recited, and bearing date March 11, 1884
Seventh It is hereby distinctly understood and agreed by and between the parties hereto, that in case the Canal of said Company shall be unable to carry and distribute a volume of water equal to its estimated capacity either from casual, or unforseen or avoidable accident, or if the volume of water prove insufficient from drought, or from any other cause beyond the control of said company, the company shall not be liable in any way for the shortness or deficiency of supply occasioned by any of said causes, Eighth And the first party further agrees, for itself its successors and assigns, that the parties of the second part, their heirs, representatives and assigns may keep and maintain at least four gates or weirs in said Canal between the headgate thereof and
the point where the same intersects the line between Sections thirty-four (34) and thirty five (35) township twenty three (23) south of Range fifty five (55) west, each of which gates or weirs shall have a flowing capacity of twelve inches in height by thirty six inches in width or four hundred and thirty two (432) inches, and the said gates or weirs shall be located at such points as the parties of the second part shall select due regard being had to the character of the bands of said Canal: And the said Six hundred and twenty (620) inches of water may be flowed and taken from said Canal by the second parties through said several weirs or gates in such amounts or proportions as the second parties may from time to time desire: but no more than six hundred and twenty (620) inches of water shall be taken and flowed through all sid gates or weirs by the second parties at any one time
Ninth And it is further covenanted and agreed by the first party that the right to the use of six hundred and twenty (620) inches of water from said Canal hereby granted to the second parties shall not, in times of scarcity of water in said Canal, be subject to pro rata diminution with other owners of water rights therein. But the second parties, their heirs, representatives and assigns shall at all times be entitled to the full amount of water hereby granted and to the use thereof for the purposes aforesaid Tenth The party of the first part has succeeded to all the rights and interests in the premises of the Arkansas River Land, Town and Canal Company above named and John A. Himebaugh, one of the parties of the second part, has purchased and acquired, and is now the owner of, an undivided one half interest in and to the land premises, ditches and water rights owned by Abraham Armentrout, the other party of the second part, and referred to in said Contract dated March 11, 1884 above recited.
In Witness Whereof, the said the Arkansas River Land, Reservoir and Canal Company has caused its corporate name to be hereunto subscribed by its Vice President, and its corporate seal to be hereunto affixed by its Secretary, and the parties of the second part have here unto set their hands and seals this 12th day
of February 1890 The Arkansas River Land Reservoir and Canal CO
Seal
The Arkansas River Land Reservoir and Canal Company
By T C Henry Vice President Attest A B Conlson Secretary Abraham Armentrout John A. Himebaugh (Seal) (Seal) State of Colorado )ss County of Arapahoe )
I Chas E Howard a Notary Public in and for the County and State aforesaid do hereby certify that T.C. Henry the Vice President of the Arkansas River Land, Reservoir and Canal Company, personeilly known to me to be the person whose name is subscribed to the annexed deed, and to be the Vice President of
said Company, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument of writing and affixed thereto the corporate seal of said company as his free and voluntary act as said Vice President and as the free and voluntary act of said company for the uses and purposes therein set forth
Witness my hand and Official Seal this Notary 12th (12) day of February A.D. 1890
Public Chas E Howard
Notary Public My Commission expires January 25th 1893
State of Colorado )ss
County of Arapahoe ) On this 12th (12) day of February A D 1890, before me, the undersigned a Notary Public within and for said County in the State aforesaid, personally appeared Abraham Armentrout and John A. Himebaugh personally known to me to be the same persons whose names are subscribed to the foregoing deed, and acknowledged the execution thereof as their free and voluntary acts for the uses and purposes therein set forth
In Witness whereof I have Notary hereunto set my hand and Public Notarial seal the day and
year aforesaid Chas E Howard
Notary Public My Commission expires January 25th 1893
II
Bond for Deed Know all men by these presents
Isaac Freshour that I Isaac Freshour of the County
to of Otero in the State of Colorado
John B Moore am held and firmly bound unto Filed for Record John B Moore of the County of
Feby 25" 1890 11 am Otero and State of Colorado in the JEGauger Recorder sum of Nine Hundred dollars
AR Bartholemew Dep good and lawful money of the United States to be paid to the said John B Moore his executors, administrators, and assigns: for which payment will and timely to be made. I do bind myself, my heirs, executors, or administrators firmly by these presuits sealed with my seal: dated this Thirty First day of January 1890
Whereas the above bounder Isaac Freshour has agreed to sell to the said John B Moore the following described property in the County of Otero in the State of Colorado to wit:
The South East quarter of the North East quarter of Section Eleven Township Twenty Three South of Range Fifty Seven West of the Sixth Principal Meridian
.80.%;ra
te_u loyvtvo Av;$4011 or Titi;
lams
0.2,1jbaLe...a.v4k, avga
W-AA71 SIL =CA
taTAT,. LAI
SMI'mr4R 1.*
ZAMA
21.
VilIt 1?
41. awlp alka aria was we am maa are alia,
1. Pkt4tu4SitAaityn:
(a) Oaddoa Dan has 'been constructed, to apilawazr elevation 3,40 feet above searaevel. speratittine Ca4tioa Riygorvoir to be operated to an initial capacity of about 270.000 ;acre-feet.
(b) Authority was ermited /lurch 30. 1943 .by the %a* Department. Corps of Zneineeri, to the States of Colorado and nirifialt te> 'utilize about 100.000 woo-feet of the constructed reservoir tivaoity, during the present foot emergency period. of 1.1.114 War II. for the purposes of etre= flow reculation
at water conservation for tilt) benefit
or
irrigated. acricuittire in the tyro Stoktes. 11POn. the undisretanding that the retaining 170.000 aare-reet of the .to.itstirticiott reservoir oepaciti. will be remervett for the purposos of flood.con-trot And the
prevention or reduction of tiaraar„es from Moats to land!, awtd. pre-. pertylalong the 0133=01 of the Arkansas :aver dolmstrerpre-.= frovi Caditoapre-.(o) liogirtninp: January 15, 1943, the gross storace of Istxter anfl accumulated. oilt in Caddo4 itpservoir net of April
5,
1943 (elevation379.75)
istountia
to 14.7,3t11 acre-feert. Allowing 1,179 acre-feet of unavailable capacity below the outlets of the remervoir, rvIti 11.275 acre-feat for siltation, the storeit water available for release fron am reservoir appromittaten 35,000 acre feet.(et) Arc of April
7,
1943 the now of the Arkannts Rivmr into and out of Caddo& Reservoir approyd.riated.75
cubic feet per second, divereiono from theAzitansms River 117 ditches in Colorado below Oadeton anountoa to 132 ono. (Yt. Bent 25; Xeesee 141 Laraar
75:
and Buffalo 15, other ditchom flit); Statelino.st
•
2.
fi.oini from Oelorado into Kansas alvroximated. 75 *flu (soil of Arksizmas laver at folly. V11d Horse Creek at 1101.17, and. Chopne Creek including holly drain
near stateline);
and
hence tbe indlcated quantities of water entering the Arkansap River be3.aw Caddea (return flows and tributary inflows) a.p3roximated 3.32 ate,; equivalent in30 devil
to 7.7X) aere-ftet.2.jAkitgpli_on of 1.14:13
Acreivitott
entered DecemberT. 1933 by
ate between the Mutts* Cisiorado and Xansaa, herein for conveniene* termed the *Stip:0.01ton*, as pro-vides& in paragraph 7 thereof. 'Wane effective *11 1. 1943, is now in effect arid is domed to goyim% the operations of eaddoa Reservoir during the 1543irrigation issaton.
3. ititatualge Itcistir4 Skarn/eel
VI*
Aforesaid 3%000 acire-f**t of water no available for release trots 0a44os Reservoir does not constitute *Surplus* under the atipulatiAn. As provided, in paragraph 4 thereof, the oSiariAueu oecurring at the close ofthe 19343 irrigation selison, if ant, vdll be tieterninet as of October 1 1943 or as of April 1.• 19104. The water now in storage will be utilized during the 1943 irrigation season to supplwatont the stream flows entering the reservoir
ant the watelsentering the river below VA reservoir, as contemplated by the Stipulation to protect eittablished richts arid insure existing uses of water in both States ovgal.not interference, by reason of the construction =Ai operation
of Oaddoe. 11.0tHrrvoir, prior to a d.eoree being entetrep. by the United States *prerte Court in the pendlne inter-state litio.tion„
le,ititelegletil
ot
Status aa:naintain the status quo of the diversion of water for beneficial
uses from the Arkansag River by the ditches and comas now constructet anti operated in both States, PArsgraph 2 of the Stipulation allocates quantities
of water u..1 to I:0,000 z_v,-,-.ce--fct, :Innuul11;y. to C9lor*3r.), flr diveroion -,A
ditches in that State CA.r.),vastream fro7.1 Cad.doa, and allocates quantitie'
et
vatic up to
no
000
acre.feet annuall7 to Kaneath tobe delbtered al the
Stateline for diversion 'or ditches in 1:•arisas; 4214 vithout segregating the
uit
allooation to Colorado as "between summer out winter months, or irrigation
and. nOw-irrIgo.tion seasons* opicifies that 52,000 aarep4set or CI* ratasas
alooattion stual )3e, daivared at the Stateline during the months of Aprtl. to
Sestterstor inclusive, It is *creed that, for the irrigation liaison of 1943,
and as against the said exteler allocation of 54000 **rip-feet to l*sese the
April to Pepteriber allociation to Colorado *110.1 be consider#d. to be 117•900
eprito-efeet.
liethlz
iftdulos;
It is
*mot
that the . timid sflodatione of 5.2aCCO sere-feet to ?"..,antras
and, 117,900 airre-fftt to Cloloradat for the math* of Noril to Sop
t.ozbers shall
be deliverest on& used. proportionately 4rt4. sxtbstantialli concurrent:1$ cturing
this
period. To this oruie. the. followire monthly sesoduiese based on historically
recordet averages, have been adopted, to inalaate the monthly quantities in
acre-feet that islet be expected to be delilivrect ant tillrertectunder normal
*minions
of water suppi,y hind irrigation needs.
Heti
21
Mama
07.03704111
April
147%
10,700
mar
15.900
xf.10o
Jutte
12,500
al.300
iTuty. 11,300
26.500
Auguat
5•100
15)
300
bkt t
jar.J,00
13,700
eiftson
32,000
117•900
6.
pjatm par.
bz.a.,11
)
13
IV ?earn of the :present large
.and above..a.veram: irrigation
require-ments of laxids =Or
constructed ditches in both Zoloratto and Xansue« saused
.s
leuthes and ki the belosft-av*rige* irrigation nirolienticose to eu.* isotits, it is scresil, that the tentrAive quapia for the 'rim*
of April 1943
shall be 10400isoreli.reet to Unsay and 23.000 ectre-feet to Cogorados it being: wuterstood that Isiah relesties of -water from storm* in Caddoa Reservoir will be !Woo to sop. gement the waters entering the river 'below the resiervoiry as nay be require& to provide the said 41120sis for April 1943, bwt the said votas aro neklect to 71*.eLitttiation as local yreetpitation Ittky increase loeal. water rupplieo and, de.. via** irrigatiou needs.
7. linatitt
Za aacordancro with paragraph
3
of the Stipulation, it is understood that if the ooislarkei supplies of water. COntillitineof11011$utDa Arkansas River4it3tterize, Oadd6a Reservoir0 crytaxt.titiee releAsett frori stora,e and writers. entering the river below the reservoir &aim; the irrigation season of 1943. than be I*. wattlizittnt to provide the full amounts allotted to both Colorado and Kansas, the available supply will be pro-rata between the two states in the rolation' of 5i2.000 eare*feet to Unewt and 111.900 gore-feet to Colorado.
0. tembe
WAD
ttt i nderztood that shoul4 water curillies of the
3043
..1
/
4:711.2. I
to October 1 period exaand, the vat& allecatt1t quantities. sixth =cense &ban be cork-s.t4ered, *;StirpZus* wator. alch ff3urpluz,“, if ay. 70.11. be otorminett October 1, 103 or April l 19414,bt.Ind Trill be divSited, equarly eittritton the two St:::,ter.. as provided in the. ntipterttion. At t-}-4 elate of the 2.3 Irritation no-txt7r,n, a pian, o opftrz.,..tion o Caddoa Reservoir eurine Vitiator norithe will be oortald.ered ar.e. adopted..21: Colorado Allocations*
Diverriont of the quzaltitiet of vrtter 2.1.1ocated to the State of Colorzuto by ditches &metre.= from Cadtioa P.ecorroir elan be meimtured at the official rating i'llmem therein, and t,10..l be coneldoivd. to be the Zatt of the
Sar.
quartities
te
water diyertede prpri the Aricanse.s River 'Pi the rt. Bent, Yeesee, An4.tor. Lattars lira*, Hamel. 4r.* drahno, 3uffo:W.11nd :demonIA Estaal_Estertt Alloautionst
The quartititien of water allocated to the State of I:22=CW Shall be
delivereit to and neagrareti
a
or near the. Colorado-Kuaeas Statelines and shall 'be considered to be the sun of the quantities of water flowing in the AtkonettsRiattr tXofly, rile: Horst* Creek at Mari Cherenne
gm*
near the Stateline• _and the MAU, Drain near ite riouth in Mtoyenne Creak. Statento novz thu,*iteasured shal include all flours =c1. 4uantitiozt of water at the siaid point", of
measurerunkt: provided that all volies at 'atee in exiVis* of 760 clibict foot
pr se00n4. shoal bo. ex.oludati until such tino c,s'tho Croat Ztrn m tth in
Xateas shoal have beet retstorett to tin oiperating oondit.lono rand thvreattorfl
',o1w t rate in excvm or 1,500 ea. atzll be axe:Aided from the qmpntitiee
of, water. am/adored an haNrilta bowl dclWwel to on received Lancas.
IL 211 to ite....22alt
All obeervationc, rierattraner.te txd. records of tht said quantities of
water diwried from the Arkansas River 1/ ditches in Colortmlo and of tho :ail
quantities delivered to Ettrezas abria be nada and empiled bx the Colorado State
likciztoor, it betng undorotooti. that the Ksztoals water offic4tin
oliorrations 1.7$4. Ines.ourezente in Colorado ae tor 'be diseired. J cox. of the said diversion and. delivery rumor! shall be trAnetittecl. each zott.th of thee l)43
irrigation in.arinno to the Traitorofficica..,, of Kannas, as soon r tho inrornation,,
cat be aces:11)10d for the preceding mouth, vhDrewpon it it oortteripleted that the
water officials of On to States will avec, upon the record of the precteding
*Niel =Iv= tentati'm quotas for the current or succeedirt month.
124trtti.u_L,...ationst
An requost 3
to the Corpz of ti. E. cQvorinc ntorzze lit, anti rilleo.4ect of water from Cada= tovarvoir hal1 to inzued. in behalf of both6
.nate% by this
Oolorado State glIgineer. XequestsO citiserte ant water usersin XMAS for deilvertee of water at the Statelinis *hal be traninitted to tbe
Womb State 7:engineer 127 the Chief Feter.trteer. ot Water itesoureces
UAW",
Or by a. igeoial. dolga:, to be tiesigetated Itor Ma* Reqtteets ofOMINOUS
.11714
water users in *Atm& shall be trtuunitted, to the Ooiorado State Zngineer br the 'gator demissielter. of Water Dittriot 67, or by the DiTtElant b.:einem. ofIrrigation Mvision llo. 2.
Signed. thia A
1943*
L. C. Xinderlider State tnginter of Colorado.
Comm" !;„ lentrppo,
Chief Zminoor - • Divittion of /star neeouretsz Xtgasati State Board of Agriculture.
