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

page 69

THE ALL-AMERICAN CANAL. 69 the amount of water diverted from the canal above the siphon drop for use on the Yuma project lands: Provided, That 6uch extraordinary expense as may be caused by the operation of such desilting works as may be necessary to, as nearly as may be, maintain the efficiency of the desilting works at Laguna Dam, as such efficiency would be were the Yuma project fully developed, shall be borne by Imperial Irrigation District. Such extraordinary expense, if any, shall be determined by the Secretary of the Interior. If the district fails to pay to the United States within 30 days after rendition of bill, all operation and maintenance charges as determined by the Secretary of the Interior as they become due, the Secretary of the Interior, in addition to any other remedy which may be available to him for recovery of such charges, is authorized to shut off water from the intake of the district until such time as all sums due have been paid, with interest thereon at the rate of 7 per cent per annum, from rendition of bill. 11. The United States reserves the right to arrange for the connection with and use of Laguna Dam on such terms as the Secretary of the Interior may deem expedient, by any other irrigation enterprise, district, corporation, or individual; also of the head works and main canal and other governmentally constructed works and works constructed jointly by these parties, after proper enlargement and modification, on terms herein stipulated, without, however, impairing the utilization of said dam, canal, and other works to the extent necessary to irrigate the lands within the boundaries of Imperial Irrigation District. 12. The United States reserves the right to develop power with the water in the enlarged main canal down to and including siphon drop. All other power possibilities in the main canal down to and including some convenient power site near Pilot Knob shall be developed by the United States to the extent deemed expedient by the Secretary of the Interior, at the joint expense and for the joint benefit of the Yuma project and the Imperial Irrigation District as herein provided. The apportionment of the co6t of canal and headworks alterations and enlargement, and of canal extension from the Laguna Dam to the site selected for power development near Pilot Knob, shall be made to the United States (for the Yuma project) and to the Imperial Irrigation District, in the proportion that 2,000 second-feet bears to> the total canal enlargement, less 2,000 second-feet. The cost of constructing power plants, transmission lines, and other power-plant accessories shall be also apportioned to Yuma project and the district, respectively, in the ratio that 8,500 water horsepower bears to the aggregate water horsepower capacity of the plant installed. The operation and maintenance of any such power plant or plants constructed for joint benefit and the sales of power therefrom 6hall be under the control of the Secretary of the Interior, and charges for commercial power shall be upon rules adopted by the Secretary"of the Interior applying equally to both valleys. Such power as in the judgment of the Secretary of the Interior is necessary for pumping and other operation and maintenance purposes shall be delivered to the Yuma project and to the Imperial Irrigation District at the cost of development thereof, plus 10 per cent, said cost to include interest at 5 per cent per annum on the capital invested in power plants, transmission lines, and power-plant accessories, and also a proportional part. of the headworks and canal enlargement from Laguna Dam to Pilot Knob, determined by the relation 2,000 second-feet bears to the total enlarged canal capacity and reasonable depreciation as may be determined by the Secretary of the Interior. The preference right to purchase power developed at the price herein specified shall be given over other uses of power, to the requirements of the Yuma project (limited to an area not exceeding 120,000 acres) for power to be used in pumping irrigation water. The profits from power Bales or power leases shall be divided between the Yuma project and the Imperial Irrigation District in the proportion of their respective investments in power plants, transmission lines, and power-plant accessories, and in the canal and headworks alterations, canal enlargement, and canal extension from the Laguna