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

livery is to begin, or any change in
the rate Of delivery is to be maze.
"a. Instead of notifying the United
States of the amount of water to be
turned out each Gay for the Contrac-
tor, the Contractor may. II 1t so de-
sires, notify the State officer. or other
officer in charge of the distribution Of
stored water from Snake river of the
amount Of flow, or number of second
feet which 1t desires to maintain in its
canal during the various periods OF
the irrigation season and authorize or
allow such officer to order out the
amount of stored water which In his
Judgment will be required to main
lain the desired flow in the Contrac-
tors canal and in that event the said
officer will be regarded as the Con-
tractors agent for the purpose of or
dering the stored water. Should the
Contractor divert water from the
Snake river to which it is not entitled
and which rightfully belongs to an
other when there is stored water In the
river, then and by that event, it au-
thorizes the officer of the United States
in charge Of the reservoir and the said
officer in charge Of the distribution of
the stored water. to deduct the amount
of such wrongful diversion from the
supply of stored water to which the
Contractor would otherwise be enti-
tied.
%. The stored water to which the
Contractor is entitled will be deliv-
cred and measured to the Contractor
at the outlets of the jackson Lake
Reservoir and the Contractor will
stand its pro rata share of any losses
which may occur between the Jack
son Lake Reservoir and the Wood
will 70 oripn r<l,x - IL
snake river gaging station which the
United States may, at its option at
any future time establish at any con-
venient point on Snake river where
such losses may be more accurately
determined for application to canals
diverting from Snake river in the gen.
eral irrigated territory centering at
Idaho Falls.
20. The distribution of the water af-
ter it is turned out of the reservoir
will be in charge Of the proper state
officer or other officer, charged by
law with the distribution Of stored
water from Snake river and the regu-
lation Of headgates for such purpose
80. The United States, and its agents
In charge of the said reservoirs will
Use their best efforts and best judg-
ment to deliver and turn out for each
of the several parties entitled to re-
ceive water from the said reservoirs,
its correct and proper share of the
water actually available from said res
ervoirs, and should the Contractor, or
any of its shareholders or water right
holders at any time feel aggrieved on
account Of any alleged shortage in the
water supply delivered hereunder, or
any alleged mistakes OF inaccuracies in
the division of the water among the
parties entitled to receive water from
said reservoirs, such party shall, at
once, report to the office of the Unit
ed States in charge of said reservoirs
such alleged shortage, or error in the
division or delivery of the water, and
such officer shall promptly investigate
any such complaint, and il he finds
that the proper proportionate snare of
the available stored water supply to
which such party is entitled is not be-
ing delivered for such party, he will
correct the delivery so that the cor
rect proportionate SHARE as nearly as
practical, to which such party is en-
titled, will be delivered to or for such
party at the point of delivery herein
provided, and If dissatisfied with the
decision of such officer such party
may apply to the court for an order
for the correction of any alleged err
ror in the delivery or division of the
waters OF the said reservoir, but
neither the United States nor it's of
Ulcers or agents shall be liable in dam
ages on account of any such alleged
shortage or mistake in the delivery or
division OF the waters Of the said res
ervoirs.
81. Should there ever, in any year,
be such a shortage in the flow of |
Snake river available for storage in |
said American Falls Reservoir, tnat |
such flow available for storage, to-
5ether with any surplus held over in
said reservoir from previous years is
insufficient to fill the said reservoir
o full capacity, then in such year any
party entitled to water from said res
'rvoir, who shall have conserved and
leld over in said reservoir from the
PREVIOUS year any part of the water
Which he was entitled to have received
Turing such previous year shall be en-
Tied to the use and benefit of the ,
1ater SO held over by him to the ex-
emit that such hold-over water may be /
ecessary to complete the filling of his I
70 rata share of the reservoir capaci- (
y. Should there ever be any shortage / /
the water supply available in jack t
on Lake Reservoir for exchange for /
.merican Falls storage, the amount I (
ctually shall be pro rated among /
nose entitled to such exchange, PROT t
lded, however, that any party divert4 | e
lg above American Falls, wheneyerl 2
lch party has stored water in Ameri. 3
IN Falls ReresvOir, and the said res3 10
'voir is In condition to hold the wa s
r until the same can be used, shall A
ave the right to exchange such stored Il
alter In American Falls Reservoir for q;
equal amount of the stored water "
Jackson Lake Reservoir, which ex- n
lange shall be made automatically O.
lthout further action by such party, d
Id the right to hold over such carry a
'er water in Jackson Lake Reservoir. 1 {
stead of American Falls Reservoir s.
I'd in case of any shortages in the / al
alter supply necessary to fill Jaskson IL
Ike Reservoir to full capacity, in any s.
flowing year.. the party carving f,
er such stored water from previous s,
ar shall have the use and benefit tc
the water carried over SO far as to
cessary to fill the full share of res u
voir capacity to which such party to
entitled. Provided further that az 4,
American Falls Reservoir has been %
mpleted, and used for three years. h,
the same shall then be found. by
Secretary of the Interior, to Be cf
efficient and successful reservoir. 10
d as reliable storage right as the n
nidOka Project right in jackson RI
ke Reservoir, apermanent exchange n
u then be made Of the Contractors az
rage capacity in American Falls at