tribunal, board, bureau, person, or corporation, whether a party to this contract or not, as a waiver by the association of its right to sue for and recover, either at law or in equity, or by other means, the sum of $1,600,000 agreed to be paid by the district to the United States for the use of said Laguna Dam, in accordance with the terms of contract between the said district and the Secretary of the Interior under date of October 23, 1918, but the association disclaims any right to recover said sum from said district. 14. It is agreed that during the erection and maintenance of said dam, or weir, the association may employ and retain an inspector, or inspectors, on said work to ascertain and determine if such erection and maintenance is being operated and maintained in accordance with the terms of this agreement, and said district agrees to reimburse the association for such reasonable compensation as may be paid by it to such inspectors, not to exceed $24 per diem. And the said project manager, or his successors in office, in person or by subordinates, may at any time during the life of this agreement enter upon said works or any portion thereof for the purpose of ascertaining if the same, or any portion thereof, are being constructed and maintained in accordance with the terms and conditions of this agreement, and in the event of their being constructed or maintained in violation of said terms or conditions, to assume control and direction of such works and their construction and maintenance, and to operate the same, in whole or in part, as by this agreement prescribed; provided always that such control, direction, or operation shall not result in denying to the district a sufficient supply of irrigation water for the needs of said Imperial Valley irrigation project, except in the emergency contemplated and provided for in paragraph 6 hereof. 15. It is further understood and agreed that should the maintenance of the dam be deemed a menace to the city of Yuma or any of the lands of the Yuma Valley or endanger the same by seepage or flood and its removal be ordered by Project Manager Porter J. Preston, Maj. E. D. Ardery, district engineer, United States Army, or William Wisener, president of the association, or their successor or successors in office, the district agrees to immediately proceed with the removal of said dam, and should the district refuse to do so, or neglect to act promptly, it is further agreed that Project Manager Porter J. Preston, or his successor in office, in person or by a representative or representatives appointed by the board of governors, may, at the demand or request of the board of governors of the association, enter upon any portion of the works of said district on either the Arizona or California side of the river and take possession of the same and proceed to assume control and direction of the work of removal of said diversion dam. The district hereby unreservedly agrees to waive, relinquish, and cancel any and all rights to prevent such action by injunction or any other process of law that might be invoked in the courts of either Arizona or California or the Federal court. 16. It is understood and agreed that owing to the fact that the district is a municipal corporation of the State of California it may be necessary or appropriate, in the event of the breach of any of the terms or covenants of this agreement, for the association to sue hereunder, or under said reimbursement bond, in the State of California, and that such proceedings, if had, will result in additional cost and expense to the association; wherefore the district, in consideration thereof and said premises, hereby promises and agrees to pay to the association, in the event of action being brought hereunder, or under said reimbursement bond in the State of California, the sum of one thousand dollars ($1,000) to reimburse the association for the additional cost and expense to it of suing in the State of California, and such additional sum for attorney's fees as may be deemed reasonable by the court trying such action. In witness whereof the said corporations have, by order of their respective governing bodies, caused these presents to be executed in their respective corporate names, by their presidents and secretaries, and attested by their seals, the day and year first above written, in duplicate. IMPERIAL IRRIGATION DISTRICT, By President. Attest: Secretary. YUMA COUNTY WATER USERS' ASSOCIATION, By President. Attest: Secretary. Mr. J. S. NICKERSON, Congress Hall, Washington, D. C. EL CENTRO, CALIF., June 12, 1922. DEAR SIR: In compliance with your request by wire, under date of June 6, you will find inclosed contract entered into with the Yuma County Water Users' Association for the year 1920, copy of the permit issued by the War Department, and a copy of the bond of $500,000 to the Yuma association, and also documents concerning the present status of the injunction. In my wire I requested that you advise me if it was necessary to furnish you with copies of these documents for former years. Yours very truly, F. H. McIVER, Secretary Imperial Irrigation District. 66 PERMIT. Whereas by section 10 of an act of Congress approved March 3, 1899, entitled An act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes,' it is provided that it shall not be lawful to build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structure in any port, rcadstead, haven, harbor, canal, navigable river, or other water of the United States, outside established harbor lines, or where no harbor lines have been established, except on plans recommended by the Chief of Engineers and authorized by the Secretary of War; and it shall not be lawful to excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of any port, roadstead, haven, harbor, canal, lake, harbor or refuge, or inclosure within the limits of any breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of War prior to beginning the same; And whereas application has been made to the Secretary of War by the Imperial irrigation district of California for authority to repair and rebuild its temporary diversion dam or weir (originally constructed constucted under authority of War Department permit dated February 14, 1917), located in the Colorado River at or near Hanlons Heading, at the site shown on the map hereto attached, and to maintain said structure until July 1, 1921, as recommended by the Chief of Engineers: Now, therefore, this is to certify that the Secretary of War hereby authorizes the said work of repairing and rebuilding the Imperial irrigation district's temporary diversion dam or weir in the Colorado River at or near Hanlons Heading and maintaining the same until July 1, 1921. upon the following ccnditions: 1. That it is to be understood that this authority does not give any property rights either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to private property or invasion of private rights, or any infringement of Federal, State, or local laws or regulations, nor does it obviate the necessity of obtaining State assent to the work authorized. It merely expresses the assent of the Federal Government so far as concerns the public rights of navigation. (See Cummings v. Chicago, 188 U. S. 410.) 2. That the work shall be subject to the supervision and approval of the district engineer, Engineer Department at Large, in charge of the locality, who may temporarily suspend the work at any time if, in his judgment, the interests of navigation so require. 3. That if any pipe, wire, or cable is herein authorized, it shall be placed and maintained with a clearance not less than that shown by the profile on the plan attached hereto. 4. That so far as any material is dredged in the prosecution of the work herein authorized it shall be removed evenly, and no large refuse piles shall be left. It shall be deposited to the satisfaction of the said district engineer and in accordance with his prior permission or instructions, either on shore above high water or at such dumping ground as may be designated by him, and where he may so require, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway; and so far as the pipe, wire, or cable is laid in a trench, the formation of permanent ridges across the bed of the waterway shall be avoided and the back filling shall be so done as not to increase the cost of future dredging for navigation. If the material is to be deposited in the harbor of New York, or in its adjacent or tributary waters, or in Long Island Sound, a permit therefor must be previously obtained from the supervisors of New York Harbor, Army Building, New York City. 5. That there shall be no unreasonable interference with navigation by the work herein authorized. 6. That if inspections or any other operations by the United States are necessary in the interests of navigation, all expenses connected therewith shall be borne by the permittee. 7. That the permittee assumes all responsibility for damages to the work or structure herein authorized and for damage caused by it or by work of the permittee in connection therewith to passing vessels or other craft, and shall not attempt in any way to prevent free use by the public of the area at or adjacent to the work or structure. 8. That if future operations by the United States require an alteration in the position of the structure or work herein authorized or if,. in the opinion of the Secretary of War, it shall cause unreasonable obstruction to the free navigation of said water, the permittee will be required, upon due notice from the Secretary of War, to remove or alter the structural work or obstructions caused thereby, without expense to the United States, so as to render navigation reasonably free, easy, and unobstructed; and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the water course hereby authorized shall not be completed, the permittee shall, without expense to the United States and to such an extent and in such time and manner as the Secretary of War may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable capacity of the watercourse. No claim shall be made against the United States on account of any such removal or alteration. 9. That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law such lights and signals as may be prescribed by the Bureau of Lighthouses, Department of Commerce, shall be installed and maintained by and at the expense of the permittee. 10. That the permittee shall notify the said district engineer at what time the work will be commenced, and as far in advance of the time of commencement as the said district engineer may specify, and shall also notify him promptly in writing of the commencement of work, suspension of work, if for a period of more than one week, resumption of work, and its completion. 11. That adequate measures satisfactory to the district engineer shall be taken by the permittee for furnishing him prompt warnings of floods and for maintaining at the site of the said structure material and equipment sufficient for its prompt removal. 12. That arrangements satisfactory to the Secretary of War shall be continued to dispense as speedily as possible with the necessity for placing diversion dams in said river and that the said district shall report in detail to the said district engineer on the 1st and 15th days of each month while this authorization continues in force what measures are proposed for that purpose and the progress made thereon. 13. That unless previously revoked or specifically extended this authorization shall expire July 1, 1921. In witness whereof the Chief of Engineers has hereunto set his hand this 29th day of May, 1920, and the Secretary of War on the 1st day of June, 1920, the former in token that he has recommended the authorization of the aforesaid work by the Secretary of War in accordance with the terms and condi tions above recited. NEWTON D. BAKER, Secretary of War. LANSING H. BEACH, Major General, Chief of Engineers. WEIR BONDS. A permit issued by the Secretary of War under date of June 30, 1921, for repairing and rebuilding a temporary diversion weir in the Colorado River until July 1, 1922, was laid before the board and ordered placed on file. Director Brockman introduced the following preamble and resolution and moved its adoption: "Whereas in accordance with a resolution adopted by the board of directors on July 6, 1921, the president and secretary of the district executed a cosurety bond with the Fidelity & Deposit Co. of Maryland, the United States Fidelity & Guaranty Co. and the National Surety Co. for $500,000 to the United States of America and the Yuma County Water Users' Association, as required by the agreement entered into by the Imperial Irrigation District and the Yuma County Water Users' Association under date of June 10, 1920, by which the aforesaid association waives its objection to the rebuilding and maintaining of the weir in the Colorado River for the years 1921 and 1922, said bond being in words and figures as follows: "Know all men by these presents, that we, the undersigned Imperial Irrigation District, an irrigation district organized and existing under and by virtue of the laws of the State of California, as principal, and Fidelity & Deposit Co. of Maryland, a corporation organized and existing under and by virtue of the laws of the State of Maryland and the United States Fidelity & Guaranty Co., a corporation organized and existing under and by virtue of the laws of the State of Maryland, and National Surety Co., a corporation organized and existing under and by virtue of the laws of the State of New York, as sureties, are held and firmly bound unto the United States of America and Yuma County Water Users' Association, a corporation organized and existing under and by virtue of the laws of the State of Arizona, as obligees, in the penal sum of $500,000, well and truly to be paid to the said obligees and/or either of them, their successors or assigns, for which payment well and truly to be made we bind ourselves and our successors by these presents. 666 "Sealed with our seals this 8th day of July, 1921.' "The condition of the above obligation is such, that Whereas, on the 30th day of June, 1921, the United States of America, acting through the Secretary of War, issued a certain permit to the said Imperial irrigation district for authority to repair and rebuild a temporary diversion dam, or weir, constructed by the said district across the Colorado River, at or near Hanlons Heading, Calif., under War Department permit dated February 14, 1917, and to maintain the same until July 1, 1922, if said permit is not previously revoked or specifically extended; and "Whereas the said Yuma County Water Users' Association has heretofore stipulated that a certain temporary restraining order subsisting in cause No. 2429 in the superior court of Yuma County, State of Arizona, wherein said association and others are plaintiffs and said district and others are defendants may be so modified as to permit the repairing, rebuilding, and maintaining of said temporary dam or weir during the period beginning July 1, 1920, and ending July 1, 1922 (unless sooner removed during said period because of imminent danger to the lands, works, or property of the United States of America or members of said association in accordance with the provisions contained in paragraph 6 of that certain agreement entered into between said association and said district as of June 10, 1920), without the same being in violation of said restraining order, and has further stipulated that said cause shall not be further prosecuted during said period; and "Whereas it is further provided in said stipulation and in said agreement of June 10, 1920, as a condition precedent to its taking effect, that the said district shall give a bond to the United States of America and said association as joint and several obligees in the penal sum of $500,000, satisfactory to said association, to reimburse the United States and said association and its constituent members for any damage which may result from the repairing, rebuilding, or maintenance of said dam or weir and further conditioned that said district shall, on or before July 1, 1922, entirely remove or cause to be entirely removed any and all parts of said dam or weir and all parts of all other dams and weirs placed in said river at or near Hanlons Heading by said district or its predecessors in ownership, operation, or maintenance of the Imperial Valley (Imperial County, Calif.) irrigation project, and all piles and piling, rock and brush, anchors, guys and ties, and all other materials whatsoever placed in said river at or near said Hanlons Heading by said district or its said predecessors at any time whatsoever, for the purpose of which had the effect of impeding the flow of said river and raising the height of the waters thereof so that the same would, or did, more freely flow into the irrigation canals of said district or its said predecessors and that such removal shall be to the extent that all the waters of the said river shall at all times flow as freely to the southward as said waters did flow prior to the placing of any said obstructions therein by said district or its predecessors and so as not to endanger the property of said association or the property of its constituent members. "Now, therefore, if the said Imperial irrigation district shall reimburse the United States of America and Yuma County Water Users' Association and its constituent members for any damage caused by or resulting from the erection or maintenance of said dam or weir, to the lands, works, or property of the United States of America or said association or its constituent members, and shall, on or before July 1, 1922, entirely remove or cause to be entirely removed any and all portions of said dam or weir and other dams and weirs placed in said river at or near said Hanlons Heading, by said district or its predecessors in ownership, operation, or maintenance of the Imperial Valley (Imperial County, Calif.) irrigation project, and all piles and piling, rock and brush, anchors, guys and ties, and all materials whatsoever placed in said river at said point by said district or its predecessors, at any time whatsoever, for the purpose of which had the effect of impeding the flow of said river and raising the height of the waters thereof, so that the same would, or did, more freely flow into the irrigation canals of said district, or its said predecessors, and such removal shall be to the extent that all the waters of said river shall at all times flow as freely to the southward as said waters did flow prior to the placing of any of said obstructions in said river by said district or its predecessors and so as not to endanger the property of said association or the property of its constituent members, then this obligation shall be null and void; otherwise to be in full force and effect. "Suit may be brought upon this bond by either the United States of America or the Yuma County Water Users' Association, acting either jointly or severally, and successive actions may be brought by either or both of said parties, provided, however, that the Imperial irrigation district must be made a party to any action brought on this bond, by due service of process and the obligation of the Imperial irrigation district hereunder shall only be limited by the full amount of the aggregate of all judgments which may be rendered against it and that the obligation of each of the three sureties herein shall be limited respectively to one-third of the amount of any final judgment or judgments which may be rendered against the Imperial irrigation district, not exceeding, however, the sum of $166,666.67 for each surety, but nothing herein contained, nor shall any judgment or judgments, recovery, or recoveries hereunder, be deemed taken or held to bar the maintaining of any other action or actions against said district by said association or its constituent members, should it, or they, be damaged in a greater amount than the principal sum of this obligation, as the result of the erection or maintenance of said dam or weir or the maintenance of any said obstructions in said river or failure to entirely remove them or any of them as herein conditioned or as may be agreed between said district and said association. "This bond shall be operative to reimburse the obligees herein for any damage resulting to them or either of them from the erection or maintenance of said dam or weir under said permit and said stipulation of whatsoever materials the same may be constructed and notwithstanding that said permit and said stipulation or either of them may be hereafter so modified as to permit said dam or weir to be constructed of different materials than those now contemplated by the principal obligor or the said obligees. "There shall be included in and added to any judgment recovered hereunder by said Yuma County Water Users' Association the sum of $1,000 to reimburse the said association for the costs and expenses of recovering such, as well as such additional sum, as attorneys' fees, as may be deemed reasonable by the court trying the action in which said judgment may be recovered, but shall not add to the liability of said sureties or either of them, each of their liability hereunder being limited as hereinbefore stipulated. "Attest: "IMPERIAL IRRIGATION DISTRICT, "By J. S. NICKERSON, President. |