W. P. W.,PHEE, PRESIDENT DEN VFP , COLO,
C. Di. M' PHEE, VICE. PREST.
DENVER, COLD. J. ELMER. M4PHEE, SECT.
DENVER, COLD.
The New
Mexico
Lumber Co.
MANUFACTURERS OF MONTEZUMA SOFT WHITE PINE GENERAL MERCHANTS
l' 4.11104,C0101'11(10 U
8 1 0 2 6
Mr. John Wesch, L,ecretary,
Lontezuma Valley Irrigation Co., Cortez, Colorado.
Dear air;
We enclose herewith copy of letter under date of October 4th which has been signed by our 2resident, Lr. W. 22. LoPhee, and was written in
accordance with the Resolution submitted by your Board of Directors a short time ago.
Yours very truly,
THE ITEIUICO L1227R
cmprITY.
cluin
Eno. 1
T. J.OR.R,TREAs. & GEM- MGR. DENVER, COLO.
C. H. AFLTZ, RESIDENT MGR PH E E, COLORADO
October 4, 1926. Mr. John lesch, Secretary,
Montezuma Valley Irrigation Co., Cortez, Colorado.
Dear Sir:
This letter is written pursuant to the Tenth condition contained in the resolution adopted by your Board of Directors and requiring that the New Mexico Lumber Company shall accept the terms of the resolution in writing prior to October 12, 1926.
The evident intent and purpose of the resolution, while not entirely satisfactory to the New Mexico Lumber Company, is acceptable, and the New Mexico Lumber Company therefore does accept it. In order, however, that there may be no misunderstandin-, the New Mexico Lumber Company desires to state its construction and understandin7 of certain portions of the resolution. They are as follows:
As to the Fifth Condition:
Construin7 the Fifth condition in the light of the attendant circumstances, the New Mexico Lumber Company understands the Fifth condition to mean that it may be called upon to clear the ditch or flume of such obstructions as may be caused by or due to the operation of the ditch for the benefit of the New Mexico Lumber Company, outside of the irrigation season and during the winter months.
As to the Sixth and Seventh Conditions:
The New Mexico Lumber Company understands that, as is customary in such cases, if any action should be commew&vainst the Montezuma Valley Irrigation
Company/tn. NeW Mexico Lumber Company would become liable for costs, dama,,es and expenses, it will be notified of the commencement of such an action in sufficient time for it to appear and defend a7ainst it and it may appear and defend against the action in the name of the Montezuma Company.
As to the Ei7hth Condition:
Construing the lighth condition in the li7ht of attendant circumstances, the Nor Mexico Lumber Company understands it to mean that the Montezuma Company may, during the winter season, turn out the water from the lateral for the purpose of repairs or preservation only in cases of emergency and that the said condition should not be so construed as to
permit the flbntezuma Company, by reason of general conditions such as those already existing, to shut off the water although at the same time contracting to deliver it.
You will please call this acceptance to the Board of Directors and explain to them the appreciation of the New Mexico Lumber Company for their cooperation.
Yours very truly,
THE NEW 1.1XICO LIMIBEii COMPANY
BY e€46-4 / President.
