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Show CONGRESSIONAL RECORD-HOUSE 4 (b) of the act provides that before the Secretary can commence construction of the dam "he shall make provision for revenues by contract in accordance with the provisions of this act" wherewith to pay expenses of operation and repay to the Government the costs of construction. While these provisions relate to contracts made before the commencement of construction of the great dam they indicate, nevertheless, the general policy of the act to require "charges" in contracts made under the act. This policy is carried forward in section 5 and is there expressly extended to contracts, no matter when made. The language of the section is to the effect that "no person shall have or be entitled to have the use for any purpose of the water stored, as aforesaid, except by contract made as herein stated" and upon "charges that will provide revenue", to be applied to maintenance expenses and to retirement of capital costs connected with the Boulder Canyon Project Dam. This section, inclusive of the exaction of "charges" and prohibiting any use of the stored water except by contract made under the act, contains the following: "That the Secretary of the Interior is hereby authorized, under such general regulations as he may prescribe, to contract for the storage of water in said reservoir and for the delivery thereof to such points on the river and on said canal as may be agreed upon, for irrigation and domestic uses and generation of electrical energy and delivery at the switchboard to States, municipal corporations, political subdivisions, and private corporations of electrical energy generated at said dam, upon charges that will provide revenue which, in addition to other revenue accruing under the reclamation law and under this act, will in his judgment cover all expenses of operation and maintenance incurred by the United States on account of works constructed under this act and the payments to the United States under subdivision (b) of section 4. Contracts respecting water for irrigation and domestic uses shall be for permanent service and shall conform to paragraph (a) of section 4 of this act. No person shall have or be entitled to have the use for any purpose of the water stored as aforesaid except by contract made as herein stated." THE CONDITION CONTAINED IN THIS PROTEST The condition attached to this protest is that, subject to the Colorado River compact protecting them in respect to their present and future allocations of water to their upper basin, these protesting States would have no objection to Federal aid to water projects in Arizona if, as a condition precedent to the operative effect of such aid, that State, with the consent of the Congress, which is now in session, would enter into an interstate agreement with the other six States whereby she would become a signatory to the compact, or if, with the consent of the Congress, she were to enact a self-limitation act whereby she would contract with the United States for the benefit of the other Colorado River States, and each thereof, that her interests and rights in the Colorado River system should be bound by the compact. |
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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] : |