OCR Text |
Show 220 them are governed and limited by the Project Act. Furthermore, although neither specifically uses the words "permanent service", both provide for continued deliveries for as long as the user needs water. As is true of all Warren Act and Special Use contracts, the contractees' rights to receive water are "subordinate to the rights of" lands within the reclamation project, but this merely establishes priority; it does not violate the permanent service requirement of Section 5. The third contract, dated June 12, 1945, is between the United States and the Arizona Edison Company, Inc. and provides for the delivery of water from the Yuma Main Canal of the Yuma Project for the municipal water supply of Yuma, Arizona.840 This contract is the only one of all of the Warren Act and Special Use contracts in evidence which does not state that it was made pursuant to the Project Act. It provides, in paragraph 13, that "the term of this contract shall extend from the date hereof to and including December 31, 1970." Paragraph 14 provides: "It is understood and agreed that the furnishing of water hereunder to the Company shall not be taken or construed as binding the United States after the termination of this contract to furnish water to the said Company or to any one claiming through or under it, nor shall it under any circumstances become the basis of a permanent water right." It is clear that this contract between the United States and the Arizona Edison Company, Inc. is not for permanent service; it unequivocally states that deliveries of water under it shall end on December 31, 1970, and that the United States shall be under no obligation to continue deliveries beyond that date. It is equally clear that it is a con- 84cAriz. Ex. 165, Contract No. 176r-40. |
Source |
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 |