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Show 219 project or other user to receive water as against competing users in the same state. California contends that the Warren Act contracts and the Special Use contracts described at page 214, supra, are invalid because they are not for permanent service as required by Section 5 of the Project Act.83' All of the Warren Act contracts and all but three of the Special Use contracts recite that they are made pursuant to the Project Act and further recite that they are for permanent service.81 Nothing in the Warren Act or in the Miscellaneous Special Use Act prevents contracts made pursuant thereto from being for permanent service. Hence, as to all but three Special Use contracts, no problem is presented with respect to the requirements of Section 5. Of these three Special Use contracts, one, dated June 12, 1951, is between the Bureau of Reclamation and the Department of the Army and provides that the Bureau will supply water from the Gila Gravity Main Canal of the Gila Project for the use of an Army test station.84* This contract states, in paragraph 4, that it "shall extend so long as the Army requires said service." Another of the three contracts, dated November 1, 1953, is between the Bureau of Reclamation and the Department of the Air Force and provides that the Bureau will supply water from the facilities of the Gila Project for the use of the Air Force base at Yuma, Arizona.8415 This contract states, in paragraph 8, that it "shall extend from the date hereof until such time as Air Force no longer requires said service and so advises Bureau." Both of these contracts conform to Section 5 and are valid. Both specifically state that they are made pursuant to the Project Act and that deliveries of water under 83*The permanent service requirement of Section 5 is discussed at pp. 237-240, infra. 84The contracts are reproduced in Ariz. Ex. 165. 84aAriz. Ex. 165, Contract No. 176r-696. 84bAriz. Ex. 165, Contract No. 14-06-300-330. |
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Original Report: State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Imperial 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 |