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CONTRACT FOR DELIVERY OF WATER 1
(1) This contract, made this 24th day of April, nineteen hundred thirty, pursuant to the act of Congress approved June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto, all of which acts are commonly known and referred to as the reclamation law, and particularly pursuant to the act of Congress approved December 21, 1928 (45 Stat. 1057), designated the Boulder Canyon project act, between the United States of America, hereinafter referred to as the United States, acting for this purpose by Ray Lyman Wilbur, Secretary of the Interior, hereinafter styled the Secretary and the Metropolitan Water District of Southern California, a public corporation, hereinafter styled the district, organized and existing under the laws of the State of California. Witnesseth:
EXPLANATORY RECITALS (2) Whereas, for the purpose of controlling the floods, improving navigation, and regulating the flow of the Colorado River, providing for storage and for the delivery of the stored waters for reclamation of public lands and other beneficial uses exclusively within the United States, the Secretary, subject to the terms of the Colorado River compact, is authorized to construct, operate, and maintain a dam and incidental works in the main stream of the Colorado River at Black Canyon or Boulder Canyon adequate to create a storage reservoir of a capacity of not less than twenty million acre-feet of water; and
(3) Whereas, after full consideration of the advantages of both the Black Canyon and Boulder Canyon Dam sites, the Secretary has determined upon Black Canyon as the site of the aforesaid dam, hereinafter styled the Boulder Canyon Dam, creating thereby a reservoir to be hereinafter styled the Boulder Canyon Reservoir and has determined that the revenues provided for by this contract, together with other contracts in accordance with the provisions of the Boulder Canyon project act, are adequate in his judgment to insure payment of all expenses of operation and maintenance of the Boulder Canyon Dam and appurtenant works incurred by the United States, and the repayment within fifty (50) years from the date of completion of said works of all amounts advanced to the Colorado River dam fund under subdivision (6) of section 2 of the Boulder Canyon project act, together with interest thereon made reimbursable under said act; and
(4) Whereas, the district is desirous of entering into a contract for the delivery to it of water from Boulder Canyon Reservoir.
(5) Now, therefore, in consideration of the mutual covenants herein contained, the parties hereto agree as follows, to wit:
* As amended by supplementary contract of Sept. 28, 1931.
DELIVERY OF WATER BY THE UNITED STATES 2 (6) The United States shall, from storage available in the reservoir created by Hoover Dam, deliver to the district each year at a point in the Colorado River immediately above the district's point of diversion (at or in the vicinity of the proposed Parker Danı) so much water as may be necessary to supply the district a total quantity, including all other waters diverted by the district from the Colorado River, in the amounts and with priorities in accordance with the recommendation of the chief of the division of water resources of the State of California, as follows (subject to the availability thereof for use in California under the Colorado River compact and the Boulder Canyon project act):
The waters of the Colorado River available for use within the State of California under the Colorado River compact and the Bo ulder Canyon project act shall be apportioned to the respective interests below named and in amounts and with priorities therein named and set forth, as follows:
SECTION 1. A first priority to Palo Verde Irrigation District for beneficial use exclusively upon lands in said district as it now exists and upon lands between said district and the Colorado River, aggregating (within and without said district) a gross area of 104,500 acres, such waters as may be required by said lands.
SEC. 2. A second priority to Yuma project of United States Bureau of Reclamation for beneficial use upon not exceeding a gross area of 25,000 acres of land located in said project in California, such waters as may be required by said lands.
2 Article 6 as amended by supplementary contract of Sept. 28, 1931. amended article originally read:
DELIVERY OF WATER BY UNITED STATES
(6) The United States shall deliver to the district each year from the Boulder Canyon Reservoir at a point in the Colorado River immediately below Boulder Canyon Dam, or as provided in article 10 hereof, up to but not to exceed one million fifty thousand (1,050,000) acre-feet of water, which shall be delivered continuously as far as reasonable diligence will permit; provided, that such amount is without prejudice to any additional rights which the district may have or acquire in or to the waters of the Colorado River, or to the power of the parties to contract hereafter with reference thereto. The United States shall not be obligated to deliver water to the district when for any reason such delivery would intei fere with the use of Boulder Canyon Dam, and reservoir for river regulation, improvement of navigation, flood control, and/or satisfaction of present perfected rights, in or to the waters of the Colorado River, or its tributaries, in pursuance of Article VIII of the Colorado River compact, and this
contract is made up on the express condition and with the express covenant that the right of the district to waters of the Colorado River, or its tributaries, is subject to and controlled by the Colorado River compact. The United States preserves the right to disco ntinue or temporarily reduce the amount of water to be delivered for the purpose of investigation, inspection, maintenance, repairs, replacement or installation of equipment and/or machinery at Boulder Canyon Dam, but so far as feasible the United States will give the district reasonable notice in advance of such tempo, rary discontinuance or reduction. The United States
, its officers, agents, and employees shall not be liable for damages when, for any reason whatsoever, sus: pensions or reductions in delivery of water occur. This contract is for permanent service, but is made subject to the express covenant and condition that in the event water for the district is not taken or diverted by the district hereunder for district purposes within a period of ten (10) years from and after completion of the written order of the Secretary, and after hearing become null and void and of no effect.