Page:United States Statutes at Large Volume 44 Part 2.djvu/238

 198 SIXTY-NINTH CONGRESS. Sues. I. Cu. 46. 1926. “°°‘“, *’“‘¤“° *“'°' é“ 7. Sub'ect to compliance with the revisions of this article °°° umm" Colorado slhnll have and enjoytbe othervgse full and unintsrru tied use and benefit. of the waters of the river which hemafterumay gow withm the boundaries of that State from the lst da? of April to the 15th·dey of October in each year, but Nebraska sha lbe itted to divert under and subject to the provisions and comgtions of Anticle iVzI, any surplus waters which otherwise would How past the interstate statiem.  . ,» it .  -.»» “‘..LR1!!0I.I4V i »i “ 1. Colorado shall have the right to maintain, operate, and extend within Nebraska, the Pierson Canal and other canals of the J uiesburg irrigation district which now are or may hereafter be used for the carnage of water from the South Platte River for the irrigation of lands in. both States and Colorado shall continue to exercise control and jurisdiction 0% said canals and the carriage and delivery · of water thereby. This article shall not excuse Nebraskza water users from making reports to Nebraska oiiicials in compliance with the Nebraska laws. " 2. Colorado waives any objection to the delivery of water for of lands in Nebraska by the canals mentioned in para- grefih 1 ofithis article, and Gaigrees that all interests in said canals an the useof waters carri thereby new or hereafter acquired by .DWD6D§»¢0f lands: in Nebraska, shall be aiiorded the same ireeognitionand protection as are the interests of similar landowners served by said canals within Colorado: Provided, however, That Oolerado reserves to those in control of said canals the right to enforce the collection of charges or assessments, hereafter levied or made a§ainst such interests of owners of the lands in Nebraska, b withho ding the delivery of water until the pagment of such czarges or assessments; provided, however, suc charges or asee&ments shall be the same as those levied against similar interests of owners of land in Colorado. " 3., Nebraska ?ants to Colorado the right to acquire bg purchase, prescription, or t e exercise of eminent domain, such rig ts of way, easements, or lands as may be necessaxky for the construction, main- tenance, operation, and protection 0 those parts of the above- mentioned canals which new or hereafter may extend into Nebraska. ', “A.RTICLE VI csualto beconstructed and operated fgr the diversion of water from the South Platte River within Colorado for iirriiation of lands in Nebraska; that said canal may commence on e south bank of said river at a point southwesterlyfrom the town of Ovid, Colorado, sndmsy mm thence, easterly through Colorado along or/_near the line of survey of the formerly Iprogosed Perkins ounlgy Canal (sometimes known. as the South ivi e Canal) and into ebraska, and that [said project shall bevpermitted to divert waters of the river as hereinafter provided. p ith respect to such proposed canal it is 5 Zi 1 w _ ¢. E ` · .7 ’. “ 1. golorado consents that Nebraska and its citizens may hereafter eenstrunt, maintain, and <§>er•,te such A canal, and thereby may divert water .;from the South latte River within»;Colorado vfor use in Nebraska in the manner and at the time in this article provided, and grants t0·Nebraska and its citizens theright to acquire by pur- chase, prescription, or the exercise df eminentdomain such rights of Why, easements, or lands as may be necessary for the construction, maintenance,-and operation of said canal; subject, however, to the
 * f.It,is.the desire ofr Nebraska to ermit its citizens to cause a