AZ vs. CA:05 California Exhibits, Vol. V; Nos. 193-247

page 4

67804 simple title to any and all lands now ovrnad by it, which, in the opinion of the Secretary nay be reouired for right-of-way purposes for tho aforesaid diversion dam, main canal and appurtenant structures. 'Tfhere rights-of-way within the State of California are required for the construction of works herein provided for, and ouch rights-of-way are not reserved to the United States under acts of Congress, or otherwise, or the lands over which ouch rights-of-way are required are not then owned by the District, the District agrees that it will, upon request of the Secretary, acquire title to such lands, and in turn convey unencumbered fee simple title thereto to the United States at the actual cost thereof to the District, subject to the approval of such cost by the Secretary. Assumption of Qperation and Maintenance by District Article 8, Upon sixty (60) days written notice from the Secretary of the oompletion of construction of the aforesaid diversion dam, main canal and appurtenant structures, or of any major unit thereof, useful to the District, as determined by the Secretary, whose determination thereof shall be final and binding upon the parties hereto, the District shall assume the care, operation and maintenance of said diversion dam, main canal and appurtenant structures or major units thereof, including Laguna Dan, and thereafter the District shall at its own coat and without expense to the United States care for, operate and maintain the same in such manner that such works shall remain in as good and efficient condition and of equal capaoity for the diversion, transportation and distribution of water aa when received from the United States, reasonable wear and damage by the elements excepted. Operation and maintenance of Imperial Dam by the District is a part of the obligation undertaken under this contract by the District for the transportation and delivery of water to public and Indian lands of the United States, and shall not interfere with the control of such dam by the United States, The United States'may, from time to time, in the discretion of the Secretary, resume operation and maintenance of said dam upon not less than 60-days' written notice and require reassumption thereof by tha District on like notice. During such times,, after completion, as the dam is operated and maintained by the United States, the District shall on March 1 of each year advance to the United States the estimated cost of operation and maintenance for the following twelve months, upon estimate! furnished therefor on or before September l3t next preceding. After the care, operation and maintenance of the aforesaid works have been assumed by the District, the District shall save the United States, its officers, agents and employeea -4-