AZ vs. CA:04 California Exhibits, Vol. IV; Nos. 151-192

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or any of them, because of the erection or maintenance of the remaining portions of all, or any, of the rock dams or weirs heretofore placed in said Colorado River at, or near, said point, including what is known as the Clark Dam or Weir. 9. And it is further stipulated and agreed that The Association, or either, or any, of its constituent members or shareholders, may sue hereunder in their own right, and without joining any other party hereto as a party plaintiff; Provided, however, that if more than one of the said shareholders or constituent members should separately sue the District for such damages, all of said actions so brought in the same Court may be consolidated and tried as one action, each plaintiff recovering the amount of damage that he or she shall have suffered, as finally determined by such court. 10. The District, for and in consideration of said premises, further promises, covenants and agrees to entirely remove from out of the bed of the Colorado River, on or before December 30th, 1923, all, and all parts of any, and all dams and weirs, piles and piling, rock and brush, anchors, guys, ties and all other material whatsoever, placed, or caused to be placed therein by the District or its predecessors in the ownership and operation of said Imperial Valley Irrigation Project, at any time whatsoever for the purpose of impeding the flow of said river, and raising the height of the waters thereof so that the same would more freely flow into the irrigation canals of the District, or any of its predecessors, and to the extent that all of the waters of the Colorado River shall flow as freely to the southward as said waters did flow