The Filer record. (Filer, Idaho) 1919-1930, 1920-01-29


hereto.
-. The contractor agrees 10 distrih
te the amount of stored water furn
shed to IL under this contract in fai
onpiiance win the provisions Of SEE
ion > OF the act Of congress Of Feb
,aary a. 1917 (36 Stat. l.. 9e5). know
,s ihe Warren act.
30. The contractor agrees to pay I,
he United States each year beginning
be Year when water is first stored H.
id American Falls reservoir. its pro
Or.ionate share Gin the proportio,
hat its share Of the reservoir eapacit,
of the total capacity as determine,
nd defined under the provisions O
tragraphs ~ and % hereof) Of IN
osf Of operating and maintaining sal,
american Falls reservoir, together witt
g propoftionate share Of the cost
istributing from Snake river the wal
turned out Of American Falls resei
ieers Of the United States as 10 N
wishes of the parties so contracting f.
id American Falls reservoir, concern
soir, and its proportionate share Of tn,
est of securing the protection of sal,
tored water between American Fall
nd the headgates Of the parties en-
titled 20 such water, and preventing oh
diversion of said water by parties no
Untitled thereto, such operation an
maintenance cost 10 he determined an
aid Ia the following manner: Tia
n or before the first delivery Of store
water during the first season tina
sater is available for delivery iron
he American Falls reservoir. and o.
y before April lst, Of each year there
fter the United States shall furnis
he contractor an estimate Of the eos
nj expense 20 be incurred during tha
alcndar year for the above named OF
ration, maintenance, hetterment, an
distribution purposes and any damar
r. expense in connection Herewith; an
turing the said first season, on OF be
ore thirty 600 days after the date
delivery of said estimate and each yca
hereafter On or before May /. follow
ne the delivery of said estimate, H.
ontractor will pay the United state
IS rroportionate share rs hereinaho'
lefined Of said estimated cost and ca
,ense; and provided that should all th
PARTIES now holding rights in Jaok so
Lake reservoir consent 70 change il
he present method Of dividing the go
runniu. and distributing store
water therefrom then the method
lividi1g tho said cost, shall be n acre
natter royidsd, aud IL IS agreed tha
v SHINING this contract any party nov
.olding rights in jackson Lake resei
DIR does by so doing consent that sai'
osfs shall be divided in the following
manner; aud that in any event the eos
distributing aud running stnre'
later in Snake river from American
'alls reservoir shall be divided in tn
ollowing manner; That beginning on O.
cfore April !. after the first use o.
fored water from the American Fall
.scrvoir, and ON or before April LIST o
ach year thereafter, the officer @
gent of the United States in charg
the reservoirs, will determine an
'urniSh the contractor with a statemen
f the total number Of aCre-feet Of wat
~ delivered from jackson lake reservoir
Turing the preceding season and tn
lumber Of aere-feet 50 delivered to th
contractor from Jackson Lake reser
coir and a similar statement of deliv
.ries from American Falls reservoir
md the United States viii also est
nate and furnish the contractor will
tatements of the estimated cost to b.
incurred during the calendar year, thei
urfent, in the distribution and pr0tec
ION Of said stored water after il j
urucd out of the said reservoirs an
ny damages or expense in connection
herewith, aud ON or before May Is
# each year, the contractor will pa
he United States such part Of the sai'
estimated cost and expense Of running
aud distributing water from each res
-rvoir respectively. As the number oi
iere feet delivered for contractor dur
ng the preceding season out of sucl
eservoir IS a part Of the total numbe
+ acre feet delivered from such reser
Dir during the preceding season, pro
ided that the cost Of operating an
laintaiuing the reservoirs will contin
le 90 De paid for as provided in tn
first part Of this paragraph; provide
'uriher that after the permanent ea
hangc Of reservoir capacity provide,
'or ~ iafsgfagh 81 hereof, II any par
q contractor right in Jackson LAX
,e SO exchanged, the contractor viii
,ay an additional Iroportionate shar'
Il the cost Of operating and maintain
uQ the American Falls reservoir in
toad Of the jackson Lake reservoir
O the extent Of the amount or portion
4 Jackson Lake capacity which ma
ave been permanently exchanged a
foresaid. On or before April lst, FOL
owing the end 81 said calendar year
be- United States viii furnish the con /
ractor a statement Of the actual cos
nj expense Of said operation arr
and delivery Of water, IN
hiding tine items above mentioned, a
etcrmiucd By the director u the L. +
Service. and within thirt-
300 DAYS after the delivery of sal
.rsrrrarf fhr contractor rfrfl nay L /