for such deliveries, subject to the terms of this contract, may be made by the Secretary in his discretion. Such contracts and deliveries made thereunder shall be deemed as made in discharge, pro tanto, of the obligations of this contract. POINTS OF DIVERSION: MEASUREMENT OF WATER 12. The water to be delivered under this contract shall be measured at the points of diversion, or elsewhere as the Secretary may direct, by measuring and controlling devices or automatic gages approved by the Secretary, which, however, shall be furnished, installed, and maintained by the States of Arizona, or the users of water. Said measuring and controlling devices or automatic gages shall be subject to the inspection of the United States, whose authorized representatives may at all times have access to them, and any deficiencies or inaccuracies found shall be promptly corrected. The United States shall be under no obligation to deliver any water which may be diverted at points at which such devices are not maintained, but in the event that diversions are made at points where measuring and controlling devices or automatic gages are not maintained in accordance with this contract, the Secretary shall estimate the quantity of the diversions and his determination shall be final. RECORDS OF WATER DELIVERIES 13. The State of Arizona shall cause to be made by water users or otherwise monthly reports on forms to be supplied by the United States of all water diverted from the Colorado River. Such reports shall be made by the fifth day of the month immediately succeeding the month in which the water is delivered. NO CHARGES FOR DELIVERY OF WATER 14. No charge shall be made for water or for the use, storage, or delivery of water for irrigation, or water for potable purposes, in Arizona. NO ARIZONA DIVERSIONS TO BE MADE EXCEPT PURSUANT HERETO: 15. It is the object of this contract to assure to those (including the State of Arizona) who have contracted or may hereafter contract with the United States for delivery of waters stored by Hoover Dam, the quiet performance of their respective contracts. It is accordingly agreed that: (a) The State of Arizona will hereafter gfant no permits for, nor otherwise authorize, uses of the waters of the Colorado River and its tributaries (other than the Gila River and its tributaries), except subject to the terms of this contract. (b) The State of Arizona and its permittees will not interfree, by litigation or otherwise, with deliveries of water under any contract between the United States and water users in the State of Nevada, or any contract made pursuant to regulations dated April 23, 1930, amended September 28, 1931, nor with the construction of diversion works by or for the holder thereof, nor with diversions or other uses affected by such works; unless and until such contractor interferes, by litigation or otherwise, with the enjoyment of this contract. But in the event of such interference by any other such contractor with the enjoyment of this contract, the State may, at its election, either rely on this contract, or assert all rights which the State or any water user therein would have had against such party if this contract had not been made. (c) Breach by the State of any of the provisions of this article shall entitle the United States at its option to cancel this contract and any or all subordinate contracts referred to in Article XI. DURATION OF CONTRACT 16. This contract is for permanent service, subject to the provisions contained in the preceding article. DISPUTES AND DISAGREEMENTS 17. Whenever a controversy arises out of this contract, and if the parties hereto then agree to submit the matter to arbitration, the State of Arizona shall name one arbitrator and the Secretary shall name one arbitrator, and the two arbitrators thus chosen shall elect three other arbitrators within fifteen (15) days after their first meeting, but in the event of their failure to name all or any of the three arbitrators within thirty (30) days after their first meeting, such arbitrators, not so elected, shall be named by the Senior Judge of the United States Circuit Court of Appeals for the Ninth Circuit. The decision of any three of the five shall be a valid and binding award. RULES AND REGULATIONS 18. The Secretary may prescribe and enforce rules and regulations governing the delivery and diversion of water hereunder, but such rules and regulations shall be promulgated, modified, revised, and/or extended from time to time only after notice to the State of Arizona and opportunity for it to be heard. AGREEMENT SUBJECT TO COLORADO RIVER COMPACT 19. As required by section 13 (c) of the Boulder Canyon project act, this contract is made upon the express condition and with the express understanding that all rights hereunder shall be subject to and controlled by the Colorado River compact, being the compact or agreement signed at Santa Fe, New Mexico, November 24, 1922, pursuant to act of Congress approved August 19, 1921, entitled 'An act to permit a compact, or agreement between the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming respecting the disposition and apportionment of the waters of the Colorado River, and for other purposes,' as approved by the Boulder Canyon project act, but is without prejudice to the respective contentions of the State of Arizona and of the parties to said compact, as to interpretation thereof. EFFECTIVE DATE OF CONTRACT 20. This contract shall take effect when an act of the legislature of Arizona ratifying it shall have become effective, but within two years of the date hereof. 150912-33-25 INTEREST IN CONTRACT NOT TRANSFERABLE 21. No interest in or under this contract shall be transferable by either party without the written consent of the other. MEMBER OF CONGRESS CLAUSE 22. No Member of or Delegate to Congress or Resident Commissioner, shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom. Nothing, however, herein contained shall be considered to extend to this contract if made with a corporation for its general benefit. In witness whereof, the parties hereto have caused this contract to be executed the day and year first above written. THE UNITED STATES OF AMERICA, By Secretary of the Interior. THE STATE OF ARIZONA, Approved as to form, February 7, 1933: RAY LYMAN WILBUR, Secretary of the Interior. ATTEST: The foreoing contract was ratified by act of the legislature of Arizona which became effective is hereto annexed. , 193-, true copy of which Secretary of the State of Arizona. III. LEGISLATION AND ORDERS 17. Legislation authorizing the Colorado River compact. 18. The Colorado River compact. 19. Analysis of the Colorado River compact. 20. The Boulder Canyon project act, annotated. 21. Rejected amendments to the Boulder Canyon project act. 22. The President's proclamation of June 25, 1929. 23. The appropriation acts. 24. Order to commence construction. 25. Order naming the dam Hoover Dam. 26. Cession of jurisdiction by Nevada and acceptance by United States. 27. Executive order establishing the reservoir as a bird refuge. 28. Proposed legislation for establishing Boulder Canyon National Reservation. 379 |