the event of their failure to name all or any of the three arbitrators within five (5) days after their first meeting, such arbitrators not so elected shall be named by the senior judge of the United States Circuit Court of Appeals for the Ninth Circuit. The decision of any three of such arbitrators shall be a valid and binding award of the arbitrators. RULES AND REGULATIONS (16) There is reserved to the Secretary the right to prescribe and enforce rules and regulations governing the delivery and diversion of water hereunder. Such rules and regulations may be modified, revised, and/or extended from time to time after notice to the city and opportunity for it to be heard, as may be deemed proper, necessary, or desirable by the Secretary to carry out the true intent and meaning of the law and of this contract, or amendments hereof, or to protect the interests of the United States. The city hereby agrees that in the operation and maintenance of its diversion works and aqueduct, all such rules and regulations will be fully adhered to. AGREEMENT SUBJECT TO COLORADO RIVER COMPACT (17) This contract is made upon the express condition and with the express understanding that all rights hereunder shall be subject to and controlled by the Colorado River compact, being the compact or agreement signed at Santa Fe, N. Mex., November 24, 1922, pursuant to act of Congress approved August 19, 1921, entitled "An act to permit a compact or agreement between the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming, respecting the disposition and apportionment of the waters of the Colorado River, and for other purposes," which compact was approved in section 13 (a) of the Boulder Canyon project act. PRIORITY OF CLAIMS OF THE UNITED STATES (18) Claims of the United States arising out of this contract shall have priority over all others, secured or unsecured. CONTINGENT UPON APPROPRIATIONS (19) This contract is subject to appropriations being made by Congress from year to year of moneys sufficient to do the work provided for herein, and to there being sufficient moneys available in the Colorado River Dam fund to permit allotments to be made for the performance of such work. No liability shall accrue against the United States, its officers, agents, or employees, by reason of sufficient moneys not being so appropriated nor on account of there not being sufficient moneys in the Colorado River Dam fund to permit of said allotments. This agreement is also subject to the condition that if for any reason construction of Hoover Dam is not prosecuted to completion with reasonable diligence, then and in such event either party hereto may terminate its obligations hereunder upon one (1) year's written notice to the other party hereto. RIGHTS RESERVED UNDER SECTION 3737 REVISED STATUTES (20) All rights of action for breach of any of the provisions of this contract are reserved to the United States as provided in section 3737 of the Revised Statutes of the United States. REMEDIES UNDER CONTRACT NOT EXCLUSIVE (21) Nothing contained in this contract shall be construed as in any manner abridging, limiting, or depriving the United States of any means of enforcing any remedy either at law or in equity for the breach of any of the provisions hereof which it would otherwise have. INTEREST IN CONTRACT NOT TRANSFERABLE (22) No interest in this agreement is transferable, and no sublease shall be made by the city without the written consent of the Secretary, and any such attempted transfer or sublease shall cause this contract to become subject to annulment at the option of the United States. MEMBER OF CONGRESS CLAUSE (23) No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom. Nothing, however, herein contained shall be construed to extend to this contract if made with a corporation for its general benefit. In witness whereof, the parties hereto have caused this contract to be executed the day and year first above written. THE UNITED STATES OF AMERICA, By RAY LYMAN WILBUR, Attest: Secretary of the Interior. NORTHCUTT ELY. THE CITY OF SAN DIEGO, By Attest: City Clerk. Approved as to form February 7, 1933. RAY LYMAN WILBUR, Secretary of the Interior. As evidence of its approval of the foregoing contract between the United States and the city, the County of San Diego has caused the signature of the president of its board of supervisors to be affixed thereto. THE BOARD OF SUPERVISORS OF By [APPENDIX 15] PROPOSED CONTRACT FOR DELIVERY OF WATER UNITED STATES AND PALO VERDE [Approved by the Secretary February 7, 1933] 359 |