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(APPENDIX 16)

BOULDER CANYON PROJECT

REGULATIONS FOR DELIVERY OF

WATER IN ARIZONA

February 7, 1933

371

BOULDER CANYON PROJECT

REGULATIONS: DELIVERY OF WATER IN ARIZONA

I These regulations are promulgated to further the peaceful enjoyment by Arizona, California, and Nevada of the waters of the Colorado River. They state the form of a water-delivery contract which the United States will enter into with the State of Arizona, subject to certain conditions stated below.

II The authorization for a contract provided in these regulations shall remain in force only for so long a period as the State of Arizona, and claimants to the use of water therein, do not interfere, by litigation or otherwise, with diversions of other holders, present and future, of water contracts with the United States and with diversion works constructed by or for them or the United States. In the event of such interference these regulations and the authorization herein contained shall thereupon become void.

III The United States, subject to the foregoing conditions, will enter into a contract with the State of Arizona in substantially the form stated in Exhibit A, hereto annexed as a part hereof. FEBRUARY 7, 1933.

RAY LYMAN WILBUR,

Secretary of the Interior.

EXHIBIT A

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

BOULDER CANYON PROJECT

CONTRACT FOR DELIVERY OF WATER

This contract, made this day of

1933, pursuant to the act of Congress approved June 17, 1902 (32 Stat. 388), and acts amendatory thereof and supplemental 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 State of Arizona, acting for this purpose by

Witnesseth:

EXPLANATORY RECITALS

Whereas, pursuant to the direction of the said Boulder Canyon project act, the Secretary has caused to be let a contract for the con

struction of a dam, known and referred to hereinafter as Hoover Dam, in the main stream of the Colorado River at Black Canyon and said dam will create at the date of completion a storage reservoir having a maximum water-surface elevation at about one thousand two hundred and twenty-nine (1,229) feet above sea level (U. S. Geological Survey datum) and a capacity of about 30,500,000 acrefeet, and

3. Whereas, the Secretary is required by the said Boulder Canyon project act to use said dam and the reservoir created thereby first, for river regulation, improvement of navigation, and flood control; second, for irrigation and domestic use, and the satisfaction of perfected rights in pursuance of Article VIII, of the Colorado River compact, and third, for power; and

4. Whereas, said Boulder Canyon project act authorizes the Secretary, under such general regulations as he may prescribe, to contract for the storage of water in said reservoir and for delivery thereof at such points on the river as may be agreed upon, and provides further, that no person shall have or be entitled to have the use for any purpose of the water stored as aforesaid, except by contract made as therein stated; and

5. Whereas, the Secretary has heretofore promulgated regulations dated April 23, 1930, amended September 28, 1931, authorizing the execution of certain other water delivery contracts, and it is the desire of the parties to this agreement to contract for the storage of waters for use on lands in Arizona, and to assure the peaceful and uninterrupted performance of all such contracts, including this; and

6. Whereas, by direction of Congress, water has been reserved and appropriated for lands within the Colorado River Indian Reservation in Arizona, unaffected by the Colorado River compact by virtue of Article VII thereof; and

7. Whereas, the United States and the tate of Arizona, contemplating the future construction of other reclamation projects and desiring to avoid claims by foreign water users to waters stored by Hoover Dam to the detriment of said projects, desire to provide for the storage of certain quantities of water for the benefit of lands in Arizona without prejudice to whatever right the parties may have hereafter to contract as to additional quantities of water; and

8. Whereas, the diversion works in the Colorado River contemplated for certain of the contractors under said regulations of April 23, 1930, amended September 28, 1931, particularly the proposed Imperial Dam, and the proposed dam for the Metropolitan Water District of Southern California near Parker, will be of service for delivery of waters covered by this contract, and it is essential to the purpose of this contract that the building of said works, when approved by the United States, shall not be interfered with;

9. Now, therefore, in consideration of the mutual covenants herein contained, the parties hereto agree as follows, to wit:

DELIVERY OF WATER BY THE UNITED STATES

10. From storage available in the reservoir created by Hoover Dam, the United States will deliver under this contract each year at points of diversion hereinafter referred to on the Colorado River so much available water as may be necessary to enable the beneficial consumptive use in Arizona of not to exceed two million, eight hundred thousand (2,800,000) acre-feet annually by all diversions effected from the Colorado River and its tributaries below Lee Ferry (but in addition to all uses from waters of the Gila River and its tributaries), subject to the following provisions:

(a) This contract is without prejudice to the claims of the State of Arizona and States in the Upper Basin as to their respective rights in and to waters of the Colorado River, and relates only to water physically available for delivery in the Lower Basin under the terms hereof.

(b) The United States does not undertake by this contract to deliver water above Hoover Dam; but the obligation to deliver water below Hoover Dam shall be diminished to the extent that consumptive uses in Arizona effected by diversions from the Colorado River and its tributaries below Lee Ferry diminish the inflow to the reservoir.

(c) It is recognized by the parties hereto that differences of opinion! may exist between the State of Arizona and other contractors as to what part of the water contracted for by each falls within Article III (a) of the Colorado River compact, what part within Article III (6) thereof, what part is surplus water under said compact, what part is unaffected by said compact, and what part is affected by various provisions of section 4 (a) of the Boulder Canyon project act. Accordingly, while the United States undertakes to supply, from the regulated discharge of Hoover Dam, waters in quantities stated by this contract as well as contracts heretofore or hereafter made pursuant to regulations of April 23, 1930, amended September 28, 1931, this contract is without prejudice to relative claims of priorities as between the State of Arizona and other contractors with the United States, and shall not otherwise impair any contract heretofore authorized by said regulations.

(d) This contract is without prejudice to the right of the United States to make further disposition of water available for use in the Lower Colorado River Basin not heretofore allocated by regulations nor herein contracted for, or to the respective claims of the States of Arizona, New Mexico, Utah, California, and Nevada, and of Mexico, to such additional water.

(e) The water provided for in this contract shall be delivered continuously, so far as reasonable diligence will permit, to the extent such water is beneficially used for irrigation and domestic purposes. The United States reserves the right to discontinue 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 Hoover Dam, but so far as feasible will give reasonable notice in advance of such temporary discontinuance or reduction. The United States, its officers, agents and employees shall not be liable for damages when for any reason whatsoever suspensions or reductions in delivery of water occur.

SUBORDINATE CONTRACTS AUTHORIZED

11. Deliveries of water subject to the terms of this contract may be made for lands within any Indian Reservation in Arizona, and to any individual, irrigation district, corporation, or any political subdivision of the State of Arizona, which may qualify under the Reclamation Law or other Federal statute. Contracts with such water users

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