OCR Text |
Show 68 THE ALL-AHERICAN CANAL. 7. Upon the approval by the Secretary of the Interior of the said survey, specifications, and estimates, district will provide for beginning and carrying to completion with due diligence, at the cost of the district, the work of construction and installation at the Laguna Dam and on the main canal, described in and contemplated by this agreement, and the district shall provide proper pecuniary support for the same in advance, in a manner satisfactory to the Secretary of the Interior. All such work shall be carried on in such manner as not to interfere with the proper operation of the Yuma project by the United States, and the district will promptly carry out any measures required by the United States or its authorized agents to avoid or relieve any interference with the delivery of water to the Yuma project during and due to such construction, and will save the United States harmless as to any claims for damages that may be presented by reason thereof. S. All work of construction and installation, and the materials used therein, shall at all times be subject to the approval of the Secretary of the Interior, and be under the supervision and inspection of his authorized agents and engineers, to the end that the works shall conform strictly with said surveys and specifications, and such modification thereof as the Secretary of the Interior may approve in writing. In case any of said works are constructed under contract made by the district and are not in accordance with said surveys and specifications, the secretary may, at his option, replace such unsatisfactory construction work at the expense of the district, or stop said work of construction or cancel this contract, or resort to any other lawful remedy, and the decision of the Secretary of the Interior whether said surveys and specifications or modifications thereof have been complied with shall be final and conclusive. The district shall make complete detailed progress reports of the said construction work upon demand of the Secretary of the Interior. The cost of the inspection on the part of the United States provided by this section shall be paid by the district to the United States upon demand. 9. For the right to use the Laguna Dam. the main canal, and appurtenant structures, and divert water, as herein provided, the district agrees to pay to the United States the sum of Sl.600.000 in 20 installments, the first of which shall become due and payable December 31, 1919, and subsequent installments annually thereafter. The first four installments shall each be 2 per cent., the next two installments each 4 per cent., and the next fourteen each 6 per cent, of the total amount. Upon failure of the district to make any such payment at the time and in the amount specified, then all rights under this contract shall be at an end, and all payments theretofore made shall become forfeited to the United States as liquidated damages; and as a further consideration for entering into this contract on the part of the United States, the district hereby releases and relinquishes any and all claims whatsoever for said moneys or any portion thereof so forfeited and paid as liquidated damages: Provided, That the Secretary of the Interior may in his discretion extend the time for any such payment upon the payment of 7 per cent interest in advance. 10. Subject to the pro-visions of the reclamation act of June 17, 1902 (32 Stat., 388), and acts amendatory thereof and supplementary thereto, the United States shall have and retain perpetually the title to and the complete control, operation, and management of said Laguna Dam, auxiliary -works, and enlarged main canal from the dam to and including the siphon drop with appurtenant structures as enlarged, including the diversion works at siphon drop for the diversion and delivery of water to the Yuma project and the district. The district shall pay tha United States, quarterly, on demand, April 1, July 1, October 1, and December 31, its proportionate share of the cost of operation and maintenance of said dam, auxiliary works, and enlarged main canal for the preceding quarter, such payment by the district to bear the same ratio to the total cost of such operation and maintenance as the amount of water received by the district at the point of delivery to the district's canal at siphon drop bears to the total amount of water carried in said main canal at that point plus |
Source |
Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : California exhibits. |