Imperial Valley press., 1931-05-05

and employees shall not be liable
Cor damages when, for any reason
whatsoever, suspensions or reduc-
tions in delivery of water occur.
This contract is without prejudice
to any other or additional rights
which the District may now have
or hereafter acquire in or to the
waters of the Colorado River. Moth
ing in this contract shall be con-
strued to prevent the District from
diverting water to the full capacity
Of the All-American Canal If and
when water over and above the
quantity to be delivered to it here
under is available, but, except rs
provided in Article twenty-five (22).
water shall not be diverted. trans
ported or carried by or through the
works to be constructed hereunder
for any agency other than the Dis
trict, except by written consent of
the Secretary.
Measurement of Water
08) The water which the Unit.
ed States agrees to deliver to the
District as provided in Article sew
enteen Q7) hereof shall be measur-
ed at the point of delivery as stated
in said article by measuring and
controlling devices satisfactory to
the Secretary. Said measuring and
controlling devices shall be furnish
ed and installed by the United
States as a part of the work pro-
vided for herein, but shall be oper-
ated and maintained by and at the
expense of the District. They shall
be and remain at all times under
the complete control of the United
States, whose authorized represent
atives may at all times have access
to them over the lands and rights
of-way Of the District.
Receipt of Water by District
u9) The District shall receive
water to be delivered TO it by the
United States under the terms here
of at the point of delivery stated |
in Article seventeen dD hereof !
and shall at its own expense per-
form all acts required by law or
custom In order to maintain It's |
control over such water and to Sc |
cure and maintain its lawful and
proper diversion from the Colorado
River.
Record of Water Diverted
COO The District shall make |
full and complete written reports
as directed by the Secretary, on
forms to be supplied by the United
States. of all water diverted from
the Colorado River, and the dispos-
ition thereof. The records and data
from which such reports are made
shall be accessible to the United
States on demand of the Secretary
Refusal of Water in Case of Default
CID The United States reserves
the right to refuse to deliver water
to the District in the-event of de-
fault for a period of more than
Q2) months in any payment due
or TO become due the United States
under this contract. 1t being under
stood. however, that the provisions
of this article shall not relieve the
District of its obligation to divert,
transport and deliver water for the
use and benefit of the Yuma Pro-
ject as herein elsewhere provided,
nor shall it relieve the District of
its obligation hereunder to divert,
transport and deliver water for the
use and benefit of other agencies
with whom the United States may
contract for the diversion. trans
portation and delivery of water
through or by the works to be con-
Structed under the terms hereof.
The United States further reserves
the right to forthwith assume con-
troll of the works to be constructed
hereunder and to care for. operate
and maintain the same, If, in the
opinion of the Secretary, whose
opinion shall be final and binding
upon the parties hereto, the Dis
trict does not carry out the terms
and conditions Of this contract 20
their full extent and meaning. In
such event, the Districts pro rata
share of the cost of such care, op-
ertion and maintenance by the
United States shall be repaid to
the United States, plus fifteen per
centum $50 to cover overhead
and general expense, on June first
OF each year Immediately succeed
ing the calendar year during which
the works to be constructed here
under are operated and maintained
by the United States. Nothing
herein contained shall relieve the
District of the obligation to pay IN
any event all instalments and pen-
alties provided in this contract.
Use of Works by the United States
and Others
(22) The United States also re-
serves the right to, and the District
agrees that it may, at any time
prior TO the transfer of constructed
works to the District for operation
and maintenance, increase the ca