The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1920-01-27

capacity made available by such en-
iargement, provided that should the
any such enlargement, cost less per
acre-root, as stated and estimated by
the Secretary of the Interior, after the
additional capacity made available by
any such enlargement, then the ca
pacity in the original reservoir,
then the Contractor shall be given such
credit or rebate as will reduce the
cost of the contractors share IN the
reservoir to the average cost per acre
root OF the entire reservoir, including
such enlargement
33. The Contractor agrees that the
stored water available in the Contrac-
tors pro rata share of the American
Falls Reservoir may be delivered to
projects or parties diverting water be-
low American Fails in exchange for
an equal amount OF water to which
such lower projects or parties may be
entitled in the Jackson Lake Keser-
voir.
"a. This contract shall insure to the
benefit of and be binding upon the
successors and assigns OF the parties
hereto.
IS. The Contractor agrees to dis
tribute the amount of stored water
furnished to it under this conrsucr in
full compliance with the provisions OF
Section 2 of the Act of Congress of
Feb. 81, 1911 {36 Stat. l.. 925l, known
as the Warren Act.
IS. The Contractor agrees to pay
the United States. each year beginning
the year when water isafirst stored in
said American Falls Reservoir. its pro-
portionate share Gin the proportion
that it's share Of the reservoir capaci-
ty is of the total capacity as deter
mined and defined under the provi-
sions of paragraphs II and "A hereby
of the cost of operating and maintain
ing said American Falls Reservoir, to-
gether with its proportionate snare of
the cost of distributing from Snake
river the water turned out of Jackson
Lake in exchange for such American
Falls water and its proportionate share
Of the cost of securing the protection
of said stored water between Jackson
Lake and the headgates of the parties
entitled to such water, and preventing
the diversion of said water by parties
lot entitled thereto, such operation and
maintenance cost to be determined and
paid in the following manner: That
on or before the first delivery of stored
water during the first season that
water is available for delivery from
the American Falls Reservoir, and on
or before April LIST, of each year
thereafter, the United States shall
furnish the Contractor an estimate of
the cost and expense to be incurred
during that calendar year for the
above named operation, maintenance,
betterment and distribution purposes
and any damage or expense in connec-
ton Herewith; and during the SAID
first season, on or before thirty (30)
days after the date of delivery of said
estimate and each year thereafter on
or before May 1st following the deliv-
cry Of said estimate, the Contractor
will pay the United States it's proper
tionate share as hereinaboye defined
of said estimated cost and expense
and provided that should all the par
ties now holding rights in jackson
Lake Reservoir consent to a change
in the present method of dividing tn.
cost of running and distributing stored
water, then the method Of dividing the
said cost, shall be as hereinafter pro-
vided, and it is agreed that by signing
this contract any party now holding
rights in Jackson Lake Reservoir does
by SO doing consent that said costs
shall, be divided in the following man
ner:
lldJ UeSliiHlIlS Oh Ut D6lOTe April
LIST, after the first use of stored wa
ter from the American Falls Reservoir,
and on or before April 1st of each
year thereafter, the officer or agent !
Of the United States in charge of the |
reservoirs, will determine and furnish |
he Contractor with a statement of the |
otal number of acre-feet Of water de- |
ivered from the Jachson Lake Reser- |
,oir during the preceding season and |
he number of acre-feet SO delivered |
o the Contractor; and the United /
states will also estimate and furnish
he Contractor with a statement of the
stimated cost to be incurred during
he calendar year, then current, in the
distribution and protection of said i
tored water after it is turned out of L
he said reservoir and any damages
r. expense in connection herewith
nd on or before May 1st of each year.
ne Contractor will pay the United y
tates such part of the said estimated
ost and expense as the number of
delivered for Contractor DUR
lg the preceding season is part of
lie total number of acre-feet delivered
ON tn Jackson Lake Reservoir dur
g the preceding season, provided that
lie cost of operating and maintaining
lie reservoirs will continue to be paid
n as provided in the first part Of this
aragraph; provided further, that af- I;
r the permanent exchange of res
'voir capacity provided. for In para
'aph 81 hereof. the Contractor will
" a proportionate share of the cost 3
operating and maintaining the Jack
N Lake Reservoir instead Of the
merican Falls Reservoir. On or be-
re April 1st, following the end of
id calendar year, the United States
III furnish the Contractor state
ent of the actual cost and expense
said operation and maintenance and
livery of water including the items
Owe mentioned, as determined by the
rector of the u. S. Reclamation
rvice, and within thirty (30) days
ter the delivery Of said statement
9 Contractor shall pay to the United
ates or the United States shall re-
nd or credit to the Contractor, a
fficient amount of money so that the
-al amount paid by. the Contractor
the United States as finally adjust
for each years operation ana main
lance charges shall be its proportion
; share as hereinabove defined of
d actual cost and expense as shown
said statement. G
81. Any and all charges, both for
Instruction and for operation, main
lance and distribution herein agreed
be paid by the Contractor to the
tied States, If not paid when due 81
I'll bear interest from and after the
te that the same come due until paid
the rate Of ten (10&o) per cent X