Imperial Valley press., 1920-06-23
HERE'S CONTRACT
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to the. .southward, so that the same
will not ,endanger any Of said proper
i.e.7 i.Ne...7.cAnd the said District. further.
stipulates and agrees, that the per.
mission so given to erect and temper
arily maintain such a dam or weir in
the Colorado River at said point, and
the permission heretofore given for
the erection and maintenance of dams
and weirs across the Colorado River,
at, or near, said point, and their ,erec-
tion and maintenance, and teh giving.
in the future, of permission to erect
and maintain such dams and weirs,
shall not be taken, held or deemed
nor shall either of them be taken, held
or deemed. not to be or irreparable
injury to the Association, it's share
holders and constituent members; and
the granting said permission. and efec1
ton and maintenance of said dams or
.~eirs shall be without prejudice, to
the right of the. Association, its share,
holders and constituent members, to
have entered in said suit No. 2429, or
any other proceeding, in any other
court OF competent jurisdiction, upon
due and sufficient evidence, decree
permanently restraining the District
from constructing and maintaining
such weir, or weirs, or any weir,' dam
or dams, across said river. t.
s. And the District, in considera
ton of the promises as hereinbefore
set forth, does hereby further promise,
agree and undertake to pay to the,
Association, it's shareholders and con-
stituent- members all damages that.
may result to. them, or to either OF
them, from injury to their person or
property ;,becallse Of the erection of
Of said brush damj or
weir, or the erection and maintenance
of the rock base upon which the same
shall be constructed as hereinbefore
described and the District further]
promises, undertakes and agrees to-
pay the Association it's shareholders
and. constituent members, any and all
damages that may result to them, Or
either Of them, because of the erection
or .raainteIanceJ a.. the. remaining
portions of all, or any. OF the rock
dams or weirs heretofore placed in
said Colorado River at or near said
point, including what is known as the
Clark Dam or weir. :>..
9. And I is further stipulated and
agreed chat. the Association, or either
or any, Of tsrconstituent members OF
shareholders, may sue hereunder in
their own right, and without 'oir'ng
any other party hereto as . party
Plaintiff; Provided, howcver, that II
more than one of the said shareholders
or constituent members should separ-
ately sue the District for sucr damage,
all of said actions so brought in the
same court may be consolidated and
| tried as one action, each plaintiff re-
covering the amount of damage that
he or she shall have suffered, as fin
ally determined by such court.
10. The District, for and III collsid-
Grafton of said premises, further
promises, covenants and agrees to
entirely remove from or out of the
bed of the Colorado River. on or
before December 80, 1922, all, and all
parts of any, and all, dams and wiers,
piles and piling, rock and brush,
anchors, guys, ties and all other ma
terial whatsoever, placed, or caused to
be placed, therein by the District or
| it's predecessors in the ownership and
operation of said Imperial Valley Ir-
rigation Project, at any time whatso
ever for the purpose of impeding the
flow of said river, and raising the
height of the waters thereof so that
1.-THE same would more freely flow into
the irrigation canals of the District,
or any of it's predecessors, and to the
extent that ali of the waters of the
Colorado River shall flow as freely to
the southwark as said waters did flow
prior t6sthe- placing Of any obstruc-
tions in the bed thereof by the
District, orrnny. Of. it's said predecess7
lors. 49,.
II. 1t is understood and agreed that
the district shall furnish a satisfactory
surety bond in. the sum OF Five hun, IN,
dred Thousand Dollars ($500,000.Q01
to the United States of America and
THE Association, as joint and several
Iobligees, to reimburse them for any
damage resulting from the erection OF
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