The Filer record. (Filer, Idaho) 1919-1930, 1920-01-29
PROPOSED Dam
Continued from page y


such Complaint, and IL he finds that the
proper proPortionate share of the avail
able stored water supply TO which such
party - entitled is not being delivered
tor such party, he will correct the
delivery SO thar the correct proportion.
ate share, as nearly as practical. 10
which such party is entitled, will be de.
hVefed to or for such party at the point
Of delivery herein provided, and if dis
satisfied with the decision of such Of
fieer. such party may apply 10 the
court for an order for the correction
Of any alleged error in the delivery
h2r division Of the waters of the said
Geseryoirs, but neither the United
states nor its officers or agents shall
be liable in damages ON account Of any
such alleged shortage or mistake in the
delivery or division Of the waters of
the said reservoirs.
81. should there ever. in any year.
be such a shortage ia the flow Of Snake
River available for storage in said
American Fslls reservoir, that such
flow available for storage, together
with any surplus held over in said
reservoir from previous years is insult
fieient 10 fill the said reservoir 10 full
capacity, then in such year any part,
entitled to water from said reservoir
Sho shall have conserved aud held oven
in said reservoir from the previous
year any part Of the water which h,
was entitled TO have received during
such previous year shall be entitled
10 the use and benefit of the water 81
held over by him to the extent thai
such hold-over water may be necessar,
TO complete the filling Of his pro.rata
share Of the reservoir capacity. TIL
contractor consents TO exchange AN,
water to which il may be entitled IL
Jackson Lake reservoir for an equa
amount Of water ia American Falls res
ervOir, and that any party divertins
above American Falls, whenever sucl
party has stored water in American
Fails reservoir, and the said reservoir
is io condition to hold the water unit
the same can be used, shall have thu
right 10 exchange such stored wafer il
American Falls reservoir for an equa
amount Of the stored water in Jackson
Lake reservoir, which exchange shall be
made automatically without further ne
ton by such party, and the right to
bold over such carry-Over water IN
ia ksoa Lake reearrnir. instead Of Am
eriean Falls EcsclNuir aud ia ease OF
any shortage in the water supply nee
essary TO fill jackson Lake reservoir
So full capacity, In amy following year
the party carving over such stored
water from a previous year shall have
fhs use and benefit of the water ear
NED over so far as necessary 10 fiji
The fun share of reservoir capacity 70
which sueh party is entitled. Provided
further that after American Falls res
erVoir has been completed, and used for
three years, if the same shall then be
found by the Secretary of the Interior,
TO be nm efficient and successful reser
vOir. and as reliahle a storage right
as the Minidoka Project right in Jack
son Lake reservoir, a permanent tx
change may then he made of storage
eaI acity in American Falls reservoir
belonging to parties diverting above
American Falls for an equal number
of aerefeet of storage capacity il
Jackson Lake reservoir. The ex
changes provided for in this contract
and other similar cbntracts, are 10
be made out of the Minidoka project >,
portion Of Jackson Lake reservoir in
20 far as the Alinidoka project right
Il l..
quired for exchange, but should larg
sr amount be required, for exchange
then is available from the MinidOka
right, the excess of exchange required
over the amount available from the
Minidoha right. viii be exchanged out
of the other rights in the Jaekson Lake
reservoir pro rata.
-. Should the said American Falls !
reservoir be constructed Of insufficient
capacity to store and control the full |
water supply available for storage al
said American Falls site, the United |
States reserves the right al some future
time az its own cost and expense, o. |
with funds advanced by other pariie' |
who NAV desire 10 cooperate IN sucl /
enlargement. 10 enlarge the said resei
,xoir and to use or dispose Of the add /
tional capacity and additional waite
supply made available by such enlarge /
ment. and in that event the eontrac
tor will have no right or interest in the /
additional water or capacity mad
available by such enlargement. provid
ed that should the additional eapaeitl
made available BY any such enlarge
ment cost less per acre foot, as stated
and estimated by the Secretary Of ths
Interior, after the completion II The
than the capacity in ID,
original reservoir. then the contractor
shall be given sleh credit or rebate a
viii reduce the cost II the contractor
share 10 the reservoir 70 the average
lost Ter acre foot Of the entire rcsor
rcir. including such enlargement
-. Tho contractor agrees that wher
water available for exchange purpose
s stored in the said American Fail
.--cr~oi~ .tha United States nav A.