AZ vs. CA:04 California Exhibits, Vol. IV; Nos. 151-192

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__3__ 4. Whereas, the installation and maintenance of said dam tends to create such a condition in the flow of the waters of said Colorado River as to endanger the works of the Yuma Project of the United States Reclamation Service, and the lands and property of the Association, and its constituent members and shareholders, and 5. Whereas, The Association has granted its permission that a weir, or dam, may be constructed and maintained at said point in said river, from July 1st, 1922, until July 1st, 1923, subject to certain conditions, provisos and exceptions hereinafter more fully set forth; and has stipulated and agreed that a certain temporary restraining order heretofore issued out of the Superior Court of the State of Arizona, in case No. 2429, and now in force and effect in said Court, wherein the said Association and others are plaintiffs, and the said District and others are defendants, restraining and enjoining the District herein from erecting and maintaining any weir or dam at said point, shall be so modified as to permit the erection and maintenance of a weir or dam therein during said last-mentioned period; and not to further prosecute said suit during such period; 6. Now, Therefore, the said District in consideration of the foregoing, does hereby promise, undertake and agree that, if it becomes necessary, for the accomplishment of said purposes, to erect and temporarily maintain a dam, or weir, in and across the Colorado River, at or near said Hanlon's Heading, as hereinbefore described, that it shall construct the same out of brush, without the use of any rock whatsoever, and that said brush shall be erected and maintained on the top of the crest of the rock dam and weir heretofore erected by said District