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

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0 7. And the said District further stipulates and agrees, that the permission so given to erect and temporarily maintain such a dam or weir in the Colorado River at said point, and the permission heretofore given for the erection and maintenance of dams and weirs across the Colorado River, at, or near, said point, and their erection and maintenance, and the giving, in the future, or permission to erect and maintain such dams and weirs, shall not be taken, held or deemed, nor shall either of them be taken, held or deemed, not to be of irreparable injury to the Association, its shareholders and constituent members; and the granting of said permission, and the erection and maintenance of said dams or weirs, shall be without prejudice to the right of The Association, its shareholders and constituent members, to have entered in said suit No. 2429, or any other proceeding, in any other court of competent jurisdiction, upon due and sufficient evidence, a decree permanently restraining The District from construction and maintaining such weir, or weirs, or any weir, dam, or dams, across said river. 8. And The District, in consideration of the premises as hereinbefore set forth, does hereby further promise, agree and undertake to pay to the Association, its shareholders and constituent members all damages that may result to them, or to either, or any of them, from injury to their person or property because of the erection or maintenance of said brush dam or weir, or the maintenance of the rock base upon which the same shall be constructed as hereinbefore described, and the District further promises, undertakes and agrees to pay The Association its shareholders and constituent members, any and all damages that may result to them, or either of them