tary no provision of this lease shall apply for the benefit of such State. If in consequence of execution of such contract the Secretary requires the allocation to either lessee or to an allottee using such lessee's main transmission lines to be diminished, such lessee may terminate its rights and obligations hereunder within two months thereafter on written notice to the Secretary. Provided, further, that the combined allocation of nineteen per centum (19%) as herein made to the city and the municipalities shall not be reduced because of any such firm contract with a state for energy.

Of Secondary Energy

It is further agreed that the District shall have the right to purchase and use all secondary energy as provided in Article Fifteen (15) and Article Seventeen (17) hereof for the purposes stated in the first paragraph of subdivision (c) of this article. The City and the Company shall each have the right to purchase and use one-half of all secondary energy not used by the District. Any such energy not used by one lessee shall be available, for the time being, to the other. If secondary energy is not taken by the City, the District, and/or the Company, then and in such event, the United States reserves the right to take, use and dispose of such energy, from time to time, as it sees fit, giving credit therefor as provided in Article Twelve (12) hereof.

Of Firm Energy Allocated to but Not Used by the District

It is further agreed that in the event the District shall fail for any reason to use all or any of the firm energy herein allotted to it for the only purpose for which said firm energy is allotted to it, that is, for pumping water into and in its aqueduct, then the Secretary shall dispose of such unused energy until required by the District for said purpose, crediting on the District's obligation the proceeds of such disposition as received; provided, however, that no disposition of such firm energy shall be made by the Secretary without first giving to a successor to the District which may undertake to build or maintain a Colorado River Aqueduct the opportunity to take said firm energy for the same purpose and under the same terms as those to which the District was obligated; and provided further that in the event no such successor takes said firm energy as provided above, then no disposition of such firm energy shall be made by the Secretary without first giving to each lessee the opportunity to contract on equal terms and conditions, to be prescribed by the Secretary, for one-half of such energy, together with such portion of the remainder as the other lessee shall not elect to take.

Of Firm Energy not Hereinbefore Disposed of

It is further agreed that the United States reserves the right, in case the dam which it erects provides a maximum water surface elevation in excess of one thousand two hundred twenty-two (1222) feet above sea level (U. S. Geological Survey Datum), and thereby increases the quantity of firm energy above the quantity of four billion two hundred forty million (4,240,000,000) kilowatt-hours allocated above, to dispose of such increase, but not to exceed ninety million (90,000,000) kilowatt-hours per year (June 1st to May 31st, inclusive), to any municipality or municipalities by firm contract executed with the Secretary on or before April 15, 1931. Such disposition shall be without prejudice to any provision of this lease or of the allocation above referred to. So much of such additional energy as is not so contracted for shall be taken and paid for by the City. Generation of such additional energy shall in any event be effected by the City.

MINIMUM ANNUAL PAYMENT

(10) Article Seventeen (17) of the aforesaid contract of April 26, 1930, is hereby amended so as to read as follows, to wit:

MINIMUM ANNUAL PAYMENT

(17) The minimum quantity of firm energy which the City shall take and/or pay for each year (June 1st to May 31st, inclusive), under the terms of this contract and after same is ready for delivery to the City as provided in Subdivision (a) of Article Eleven (11) hereof, shall be thirty-seven per centum (37%) of all firm energy as defined in Article Fifteen (15) hereof for the generation of which the United States makes water available in said year, except as reduced by amounts of firm energy contracted for by others as provided in Article Fourteen (14). In addition, the City agrees to take and pay for, as provided in the last paragraph of Article Fourteen (14) hereof, all firm energy (not to exceed ninety million (90,000,000)) kilowatt-hours per year (June 1st to May 31st, inclusive), made available over and above the firm energy defined in Article Fifteen (15) hereof by the erection of a dam which provides a maximum water surface elevation in excess of one thousand two hundred and twentytwo (1222) feet above sea level (U. S. Geological Survey Data).

The minimum quantity of firm energy which Southern California Edison Company Ltd. shall take and/or pay for each year (June 1st to May 31st, inclusive), under the terms of this contract and after same is ready for delivery to the Company as provided in Subdivision (c) of Article Eleven (11) hereof, shall be twenty-seven per centum (27%) of all firm energy as defined in Article Fifteen (15) hereof for the generation of which the United States makes water available in said year, except as reduced by amounts of firm energy contracted for by others as provided in Article Fourteen (14).

The total payments made by each lessee for firm energy available in any year (June 1st to May 31st, inclusive), whether any energy is generated or not, exclusive of its payments for use of machinery, shall be not less than the number of kilowatt-hours of firm energy available to said lessee and which said lessee is obligated to take and/or pay for during said year, multiplied by one and sixty-three hundredths mills ($0.00163), or multiplied by the adjusted rate of payment for firm energy in case the said rate is adjusted as provided in Article Sixteen (16) hereof, less credits on account of charges to other allottees, as provided for and referred to in Article Twelve (12) hereof. For a fractional year at the beginning or end of the contract period, the minimum annual payment for firm energy shall be proportionately adjusted in the ratio that the number of days water is available for generation of energy in such fractional year bears to three hundred sixty-five (365). Provided, however, that in order to afford a reasonable time for the respective lessees to absorb the energy contracted for, the minimum annual payments by each for the first three (3) years after energy is ready for delivery to such lessees respectively, as announced by the Secretary, as herein elsewhere provided, shall be as follows, in percentages of the ultimate annual obligation, to take and/or pay for firm energy:

During said absorption period, if the quantity of energy taken in any one year (June 1st to May 31st, inclusive), is in excess of the above percentages of the ultimate obligation during such year to take and/or pay for firm energy, such excess shall be paid for at the rate for secondary energy. Provided, further that the minimum annual payment shall be reduced in case of interruptions or curtailment of delivery of water as provided in Article Twenty-one (21) hereof.

CONTRACT AMENDED ONLY AS SPECIFICALLY PROVIDED

(11) Except as specifically amended hereby the aforesaid contract of April 26th, 1930, shall remain in full force and effect, and said contract amended as herein provided is adopted and reaffirmed by the parties hereto as of the day and year first above written.

MEMBER OF CONGRESS CLAUSE

(12) No Member of or Delegate to Congress or Resident Comissioner, 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 construed to extend to this contract if made with a corporation for its general benefit. IN WITNESS WHEREOF, the parties hereto have caused this supplemental contract to be executed the day and year first above written.

Attest:

THE UNITED States of AmERICA,

By RAY LYMAN WILBUR, Secretary of the Interior.

NORTHCUTT ELY, Secretary.

Attest:

THE CITY OF LOS ANGELES, acting by and through
its Board of Water and Power Commissioners.

By JOHN R. HAYNES, President.

DEPARTMENt of Water and Power of THE CITY
OF LOS ANGELES, by the Board of Water and
Power Commissioners.

By JOHN R. HAYNES, President.

JAS. P. VROMAN, Secretary.

Attest:

SOUTHERN CALIFORNIA EDISON COMPANY, LTD.
By JOHN B. MILLER, Chairman.

[ITEM 33]

BOULDER CANYON PROJECT

SUPPLEMENTARY CONTRACT FOR ELECTRICAL ENERGY

THE UNITED STATES

AND

THE METROPOLITAN WATER DISTRICT

OF SOUTHERN CALIFORNIA

MAY 31, 1930

(I1r-674)

(1) THIS SUPPLEMENTARY CONTRACT, made this 31st day of May, nineteen hundred thirty, pursuant to the Act of Congress approved June 17, 1902 (32 Stat., 388), and acts amendatory thereof or supplementary thereto, all of which acts are commonly known and referred to as the reclamation law, and particularly pursuant to the Act of Congress approved December 21, 1928 (45 Stat., 1057), designated the Boulder Canyon Project Act, between THE UNITED STATES OF AMERICA, hereinafter referred to as the United States, acting for this purpose by Ray Lyman Wilbur, Secretary of the Interior, hereinafter styled the Secretary, and THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, organized and existing under and by virtue of the Laws of the State of California, hereinafter styled the District:

WITNESSETH:

(2) WHEREAS, there was executed on the 26th day of April, 1930, a con

tract between The United States of America and The Metropolitan Water District of Southern California, entitled "Contract for Electrical Energy," which by its terms has not yet become effective; and

(3) WHEREAS, it is the desire of the parties that said contract be clarified by amendment to avoid any uncertainty as to the intent of the parties;

(4) Now, THEREFORE, in consideration of the mutual covenants contained herein, and in said contract of April 26, 1930, the parties hereto agree as follows, to wit:

(5) That Article Seven (7) of said contract of April 26, 1930, be amended to read as follows:

ALLOCATION OF ELECTRICAL ENERGY

(7) The United States will cause to be delivered to the District under and in pursuance of and subject to the provisions of the aforesaid proposed lease, attached hereto as Exhibit "A," for a period of fifty (50) years from the date at which energy is ready for delivery to the City, as announced by the Secretary, in accordance with the following allocation, to wit:

Of Firm Energy

A. To the State of Nevada, for use in Nevada, not exceeding eighteen per centum (18%) of said total firm energy.

B. To the State of Arizona, for use in Arizona, not exceeding eighteen per centum (18%) of said total firm energy.

Should either of the States not take its full eighteen per centum (18%) allocation within a period of twenty (20) years hereof, the other may then contract for the energy not so taken up to four per centum (4%) of the total firm energy, provided that the combined amount used by the two states shall not, at any time, exceed thirty-six per centum (36%) of such total firm energy.

C. To the Metropolitan Water District of Southern California for pumping Colorado River water into and in its aqueduct for the use of such District within the following limits:

(1) Thirty-six per centum (36%) of said total firm energy, which shall be paid for whether taken or not; plus

(2) All secondary energy developed at the Boulder Dam power plant as provided in Article Fourteen (14) hereof; plus

(3) So much of the firm energy allocated to the States, the City and the Company as may not be in use by them. Energy allocated to the States, but not in use by them, shall be released to the District by the two lessees equally (unless they agree upon a different ratio) as follows:

(a) If the District makes a firm contract with the Secretary for the balance of the lease period for part or all of such unused States energy (subject to the first right of the States thereto) such contract shall be made effective upon two years' written notice to the Secretary, and compensation to the lessees, respectively, for main transmission line property rendered idle;

(b) If the District does not so make a firm contract for such energy, then energy allocated to the States but not in use by them, shall be released to the District upon not less than fifteen months' written notice to the Secretary and at such compensation as the District and such lessees, respectively, may agree upon, to cover cost and overhead of replacing energy which otherwise would have been received at the Pacific Coast end of the main transmission lines by the lessees, respectively,