OCR Text |
Show [87] VI. It is hereby mutually agreed that all water received by second party prior to the first day of July of each year, shall be paid for on that day, and that all other sums due for water each year shall be paid for on the first day of January of the following year; Provided, that for the failure by or default of the second party for a period of ninety days to make any payment of money for delivery of such water, after the same becomes due, the first and third parties, or either of them, may cease to deliver such water from said main canal into the laterals of the second party until such arrearage is fully paid. VII. Third party hereby agrees that it will construct and maintain a main canal commencing at the point upon said international boundary line where said water is to be delivered to second party, and continuing from said point of commencement, through the lands described in the Articles of Incorporation of second party; said canal to be of sufficient capacity, either in its original construction or through subsequent enlargements, made from time to time by third party, at its own cost and expense, to convey an amount of water sufficient at all times for the irrigation of the lands owned or located by the stockholders of second party, and being an amount in the aggregate not less than sufficient to furnish four acre-feet of water per annum for each outstanding share of stock of second party. Said canal to be owned and maintained by third party, and third party to have the exclusive right to navigate said canal, and to develop and use all power that may be developed from the waters flowing therein. Third party further agrees to convey the water to be de- |
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] : |