upr000320 59

THIS mto and entered into this 80th icy of Mptoffiber 188$ between nmBA L$1B % ROCK CO., a corporation o f Iho Sint# of f evade, the. party o f |i| fir s t pert, and yiM 9X1608 and ?fS3BS fliaoK doing business as 8XS60S 8888*# the portion o f th© second, part, f m s a m s i fS if simuMI# the party « f the fir s t part m the toth day o f IStroh 1884 file d Its application Serial no. ft f# for permit to appropriate the eaters o f a certain spring named in said applic­ation g8-*8gpor 8ot tom es* spring8 and described in said applica­tion as being situate in the Horthsed smarter o f the north­west smarter f n f l o f M otion 7, Township 18 SO* Hangs 68 8# I*P*M* I M* ant situate south *8* I* 1100 ft-* from the northwest earner o f said Section 7* fo r mining, m illing and domestic purposes| aid .wiwi&g, H is presided in an id application that applicant **111 provide troughs, e tc. for ©*#tls In case there has been aa Appropriation for sieeb*^teriiig psrposeei A® fggM&gf it appears from the records in the o ffice o f tho Sts,to Engineer at Carson c ity , fev&da and f r « the.. records in the County recorder'a O ffice o f -Clerk county, farads that a certifica te Of appropriation SO*' 14 was Issued on permit So* IMS to the parties of tho second part somed therein it fXtSog fees*, fo r 0.0th second feet of water t&m a spring called in said cer­tifica te 'Be* 14 **fheeler spring” and 'therein described as being situated at-a-point south llw la st 1116 ft# front'the gertteeest corner of section -7 f# i t so* 8 , -68 1# for stMl£-wateri«ig purpose* | 68® WMWM&%t the said 8ppor Cottonwood Spring and the said theolor spring arc Moist lea l t w e e o f water, and whereas the party o f . the f irst pari claims that there is a snapping o f water at said source after tho meads of .the parti©® o f the second part haw© boon supplied* and whereas the laid party of the .first part boiler®® that additional water over and abowe the said 0.036 second fe c i mm be deselopsd st said point» and whereas said fir s t party It desirous of dereiopiisg the water t t sdld point so ss to lacrea.se the flow thereof and to supply the tmsunt &dl uses specified im mM Application 88* 8878, sad ittsertms the State Engineer o f f i t State of Sowed* hm tshon no motion fvon Application Is* 7878 but has rognostsg snld applicant to arrange by contract with the said parties o f the second part, i f possible, so thmt said parties o f the sooend part ?asy ho 'proidgton in their rights to said water in m m & permit is issued -on said application f o . 7678, and whereas any d#r#lopmemt sgPK'dotts swings- w ill maturity benefit tho parti#® hereto | v c f m i s im sm m m f i m s s m i ^ \ 1* tho party o f the fir s t part agrees that open tho granting Of the permit applied for in application go* 7878, it w ill within the time rogairod therein or within such ontonoioiis a® it si»f noeooosriiy Obtni% proceed to develop the. said iheeler or Upper dotlomwesO Spring® so ss to increase tho water supply therefrom*, that during such dOreiopaeat work the water supply o f the pertie* o f the second part m m said spring w ill not be interfered with but that the trough® m& pools construetod by the parties of the sooond part w ill at a ll time® during such develop* mont work be supplied with su fficien t water fw s said spring to water the stock of the parti#® of the a-oeemd .part a® they now arc or heretofore hsvo been supplied fm s said spring*