Imperial Valley press., 1931-05-04
CONTINUED from page ~

ty Of said canal shall be fifteen
thousand d5,OOO cubic feet of
water per second from and includ-
ing the diversion and desilting
works at said dam to Syphon Drop;
thirteen thousand Q3,0O0) cubic
feet of water per second from Sy-
phor Drop to Pilot Knob, and ten
thousand 100000 cubic feet of wat
er per second westerly from Pilot
Knob to Engineer Station as
said Engineer Station is indicated
on said Exhibit a.. Other por-
tions of said canal shall be con-
structed with such capacity as the
Secretary may conclusively deter
mine to be necessary or advisable
upon engineering or economic con-
siderations to accomplish the ends
contemplated by this contract; pro-
yided, however that changes in ca
pacities, locations, lengths an d
alignments. may be made during
the progress of the work as NAV,
in the opinion of the Secretary,
whose opinion shall be final and
binding upon the parties hereto, be
expedient, economical. necessary or
advisable, except the capacities
above Indicated from and including
the diversion and desilting works at
Imperial Dam to Engineer Station
5. as hereinabove in this para
graph referred to, which capacities
may. be changed only by mutual
agreement between the Secretary
and the District. The ultimate
cost of the aforesaid work shall in
no event exceed the aggregate sum
of thirty-eight million. five hundred
thousand dollars ($38,500 ,00000)
Such cost shall include all expenses
of whatsoever kind heretofore or
hereafter incurred by, the United
States from the Reclamation Fund
or the Colorado River Dam Fund in
connection with, growing out of, or
resulting from the construction Of
said diversion dam, main canal and
appurtenant structures, including
but not limited to the cost of labor,
materials. equipment, engineering,
legal work. superintendance, ad-
ministration, overhead, damage Of
all kinds and character and rights
of-way as hereinafter provided.
Any and all claims for damages due
TO construction and operation Of
the diversion dam and main canal,
as to which the District hereby
agrees TO save the United States
harmless, shall be in addition to the
actual construction cost as in this
contract provided. The United
States will invoke all legal and
valid reservations of rights-of
under acts of Congress, or other
wise reserved or held by it, with
out cost to the District, except that
the United States reserves the right
where the rights-of are thus
acquired to reimburse the owners
of such lands for the value of i'm
provements which may be Destroy
ed, and the District agrees that the
United States may include such dis
pursements in the cost of the work
to be performed hereunder II
rights-of way are required over an
existing project of the Bureau of
Reclamation, such sum or sums as
may be necessary to reimburse the
United States on account of the
construction charges allocated to
irrigable areas absorbed in such
rights-o shall also be consid-
cred as a part of and be included
with other costs of the work to be
performed hereunder. The District
agrees to convey to the United
States without cost, unencumbered
fee simple title to any and all lands
now owned by it, which, in the opin-
ion of the Secretary, may be re-
quired for right-of- purposes
for the aforesaid diversion dam
main canal and appurtenant struc-
lures. Where rights-of-way within
the State of California are required
for the construction of works here
in provided for, and such rights-Ot.
way are not reserved to the Unlte7
States under acts of Congress, Oi
otherwise, or the lands over which
such rights-of- are required are
not then owned by the District, the
District agrees that it will, upon re-
quest of the Secretary. acquire title
to such lands, and in turn convey
unencumbered fee simple title
thereto to the United States at thu
actual cost thereof to the District.
Assumption of Operation and Main
!. tenance by District.
80 Upon sixty 900 days writer
notice from the Secretary of tht
completion of construction of the
aforesaid diversion dam, main cana
and appurtenant structures, or o.
any major unit thereof, as deter
mined by the Secretary, whose de-
| termination thereof shall be fina
and binding upon the parties here
| to, the District shall assume tn,
care, operation and maintenance O.
said diversion dam, main canal ant
appurtenant structures, and there
after the District shall at its owr
cost and without expense to tht
United States care for, operate ant
maintain the same in such manner
| that such works shall remain in a!
good and efficient condition anc
of equal capacity for the diversion
transportation and distribution D
water as when received from tht
United States, reasonable wear anc
damage by the elements excepted
After the care, operation and main
tenance of the aforesaid works have
been assumed by the District, the
| District shall save the United States
its officers. agents and employee:
harmless as to any and all injury
and damage to persons and prop
| erty which NAV arise out of the
care, operation and maintenance
thereof. In the event the United
| States fails to complete the works