[APPENDIX 13] BOULDER CANYON PROJECT ALL-AMERICAN CANAL UNITED STATES AND IMPERIAL IRRIGATION DISTRICT DECEMBER 1, 1932 321 ALL-AMERICAN CANAL-CONTRACT FOR CONSTRUCTION OF DIVERSION DAM, MAIN CANAL AND APPURTENANT STRUCTURES AND FOR DELIVERY OF WATER Article 1. Contract for construction of Diversion Dam, main canal and appurtenant structures, and for delivery of water. 2-6. Explanatory recitals. 7. Construction by United States. 8. Assumption of operation and maintenance by district. 9. Keeping diversion dam, main canal and appurtenant struc tures in repair. 10. Agreement by district to pay for works constructed by the United States. 11. Changes in district boundaries. 12. Terms of payment. 13. Operation and maintenance costs. 14. Power possibilities. 15. Diversion and delivery of water for Yuma project. 16. Contract of October 23, 1918. 17. Delivery of water by United States. 18. Measurement of water. 19. Record of water diverted. 20. Refusal of water in case of default. 21. Use of works by United States and others. 22. Title to remain in the United States. 23. Assessment of public land. 24. Rules and regulations. 25. Inspection by the United States. 26. Access to books and records. 27. Disputes or disagreements. 28. Interest and penalties. 29. Agreement subject to Colorado River compact. 30. Application of reclamation law. 31. Contract to be authorized by election and confirmed by court. 32. Method of determining net power proceeds. 33. Contingent upon appropriations. 34. Inclusion of lands. 35. Priority of claims of the United States. 36. Rights reserved under section 3737, Revised Statutes. 37. Remedies under contract not exclusive. 38. Interest in contract not transferable. 39. Member of Congress clause. ALL-AMERICAN CANAL CONTRACT FOR CONSTRUCTION OF DIVERSION DAM, MAIN CANAL, AND APPURTENANT STRUCTURES AND FOR DELIVERY OF WATER ARTICLE 1. This contract, made this 1st day of December, nineteen hundred thirty-two, 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 Štat. 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 Imperial Irrigation District, an irrigation district created, organized, and existing under and by virtue of the laws of the State of California, with its principal place of business at El Centro, Imperial County, Calif., hereinafter referred to as the district. Witnesseth: EXPLANATORY RECITALS ART. 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 a main canal and appurtenant structures located entirely within the United States connecting the Laguna Dam, or other suitable diversion dam, which the Secretary is also authorized to construct if deemed necessary or advisable by him upon engineering or economic considerations, with the Imperial and Coachella Valleys in California, the expenditures for said main canal and appurtenant structures to be reimbursable as provided in the reclamation law; and ART. 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 Hoover Dam, creating thereby a reservoir to be hereinafter styled the Boulder Canyon Reservoir; and ART. 4. Whereas, there are included within the boundaries of the district areas of private and public lands, and additional private and public lands will by appropriate proceedings be included within the district, and the district is desirous of entering into a contract for the construction of a suitable diversion dam and main canal and appurtenant structures, hereinafter respectively styled Imperial Dam and All-American Canal, located entirely within the United States connecting with the Imperial and Coachella Valleys, and for the delivery to the district of stored water from Boulder Canyon Reservoir; and |