The Fallon standard. (Fallon, Nev.) 1920-1958, 1924-09-10

extension OF lurlner drainage con-
struction over this project has been
given more than usual consideration
by the members of the water board.
h Last spring. when congress passed
bill providing s245, 900 for addi-
iionai drainage for the Newiands
Project, a string was tied to the Com
tract as the department insisted that
payment in the sum of approximately
S10C, 900 be made for rights-of-way
ia. ough government owned lands. As
the project farmers had donated
ditional tax by the payerment met a
general protest and it is realized that
no such contract would be approved
by the board or the people. The re-
suit was that the first proposed con-
tract for additional drainage was
turned down flat. 8 60 xaasst
-a4ag New Contract Plan s.
Following the intimation that the
800, 900 feature must be eliminated
the attorneys for the water board
Cooke. French g., Stoddard, submit
ted a new form. in which this feature
is eliminated and other proposals
are made. This contract was read
at the last regular meeting of the
board and each member asked for a
copy in order that closed study might
be given. This copy has been received
by the members and It Is possible
that a few changes will be asked for
before it is approved by the entire
board membership. sId
Right of Way Clause
After the usual preamble the con
tract in Section 4 states.
Sum 10 re Expended by the
taz as United States
AS part of the general drainage
system of the Newlands project, the
United States will construct the
drains shown on the schedule and
map hereto attached and made part
hereof, or such portions. of said
drains as may be selected and ap-
proved for construction as herein
after provided, at an aggregate cost
not exceeding the sum of two hun
| dred and forty-five thousand dollars
| (s245.000). The cost shall include
| all expenses of whatsoever kind in
CURED by the United States in con-
nection with, growing out of, or re-
sulting from the construction of said
drains. including the cost of labor,
material, equipment. engineering.
legal work. superintendent admin
istration. overhead rights of way,
and damage of all kinds. The United
States will invoke all legal and valid
reservations of rights-of-way under
acts of congress or otherwise. Where
a drain shall interseet or in sanywise
destroy land of said project classified
as irrigable. the districts shall pay,
as a part of the expense hereunder.
the construction cost. as fixed by the
public notice applicable, of that part
of said irrigable land which may be
thereby destroyed or rendered nom
| irrigable, but only in the event Il
shall hereafter be held by court af
competent Jurisdiction that the coll
lection by the United States Of such
construction cost for the irrigable
acres thus destroyed or rendered
non-irrigable cannot be enforced. II
is the intend of this agreement to
provide a method by which the Un.t
ed States may reeoltp the loss which
would otherwise ensue in case the
courts should hold that the construc
ton cost may not be lawfully collect /.
ed against areas. so destroyed or rem
dered non-irrigable II is the under
standing. however, that the United
States will continue to collect con-
struction costs against said areas
under the respective contracts with
individuals now outstanding unless
and until it shall have been held by
court of competent jurisdiction
that the collection OF such eonstruc
tion costs against the areas so alb.
sorbed as rlghts1of-way is illegal.
Where the United States has out
| standing contracts (deelared by the
courts to be upenforeeable as afore
said) with land owners covering
areas so destroyed, the amounts here
tofore paid on account of such area
shall be refunded by the United
States to the owner of said land or
appropriate credit shall be allowed
to apply on future payments. and
the balance of the construction
charge remaining unpaid on account
of said area shall be cancelled. II no
such contracts are outstanding cover
ing such irrigable areas so destroyed
or rendered non-irrigable, the con-
atruction charge thereon shall oper-
ate as credit To recoup the United
States for the amount, which would
be otherwise collectable therefrom
The amount to be paid by the district
under this clause. which shall not IN
any event exceed the aggregate sum
of -, shall be in addition to
the sum of two hundred and forty
five thousand dollars (S245,000) in
this paragraph first stated.
Costs and Other Details
The contract includes Limitation #
drainage, construction plans and
costs and terms of payment In the
latter section. No 8, the contract
ireads mra
Terms of Payment
l. The said amount of two hundred
and forty-five thousand dollars
(s245,O00) herein agreed to be paid
to the United States shall be due and
Dayable In fourteen equal sen.t=s n