meter shall be adjusted so that the error does not exceed one-half of one per centum (2%). Meter equipment shall be tested by means of suitable testing equipment which will be provided by the United States and which shall be calibrated by the United States Bureau of Standards. Meters shall be kept sealed, and the seals shall be broken only in the presence of representatives of both the United States and the lessees respectively and likewise all test of meter equipment shall be conducted only when representatives of both the United States and the respective lessees are present. INSPECTION BY THE UNITED STATES 20. The Secretary or his representatives shall have free access at all reasonable times to the books and records of the State relating to the transmission, distribution and disposal of electrical energy, with the right at any time during office hours to make copies of or from the same. RENEWAL OF CONTRACT 21. The holder of any contract for electrical energy, including the State, not in default thereunder, shall be entitled to a renewal thereof upon such terms and conditions as may be authorized or required under the then existing laws and regulations, unless the property of such holder dependent for its usefulness on a continuation of the contract be purchased or acquired and such contractor be compensated for damages to its property, used and useful in the transmission and distribution of such electrical energy and not taken, resulting from the termination of the supply. DISPUTES AND DISAGREEMENTS 22 (a) Disputes or disagreements arising under this contract between the State and either lessee or other allottee shall be arbitrated by three (3) arbitrators, but only in case where it is not provided herein that the determination shall be made by the Secretary. The State shall name one (1) arbitrator, and the other disputant shall name one (1). These two (2) shall name the third. If either disputant has notified the other that arbitration is demanded and that it has named an arbitrator, and if thereafter the other disputant fails for fifteen (15) days to name an arbitrator, the Secretary, if requested by either disputant shall name such arbitrator, who shall proceed as though named by the disputant. The two (2) arbitrators so named shall meet within five (5) days after appointment of the second, and name the third. If they fail to do so, the Secretary will, on request by either disputant or arbitrator, name the third. A decision by any two (2) of the three (3) arbitrators shall be binding on the disputants and enforceable by court proceedings, or by the Secretary in his discretion. Arbitration as herein provided, or the failure of the arbitrators to render a decision within six (6) months of appointment of the third arbitrator, shall be a condition precedent to suit by either disputant against the other upon the matter in dispute. (b) Disputes or disagreements between the United States and the State as to the interpretation or performance of the provisions of this contract shall be determined either by arbitration or court proceedings, the Secretary of the Interior being authorized to act for the United States in such proceedings. Whenever a controversy arises out of this contract, and the disputants agree to submit the matter to arbitration, the State shall name one (1) arbitrator and the Secretary shall name one (1) arbitrator, and the two (2) arbitrators thus chosen shall elect three (3) other arbitrators, but in the event of their failure to name all or any of the three (3) arbitrators within five (5) 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 (3) of such arbitrators shall be a valid and binding award of the arbitrators. USE OF PUBLIC AND RESERVED LANDS OF THE UNITED STATES 23. The use is authorized of such public and reserved lands of the United States as may be necessary or convenient for the construction, operation and maintenance of main transmission lines, to transmit electrical energy generated at Boulder Dam. PRIORITY OF CLAIMS OF THE UNITED STATES 24. Claims of the United States arising out of this contract shall have priority over all others, secured or unsecured. INTEREST IN CONTRACT NOT TRANSFERABLE 25. No interest in this contract is transferable by the State to any other party, and any such attempted transfer shall cause this contract to become subject to annulment at the option of the United States. RULES AND REGULATIONS 26. This contract is subject to such rules and regulations conforming to the Boulder Canyon project act as the Secretary may from time to time promulgate; provided, however, that no right of the State hereunder shall be impaired or obligation of the State hereunder shall be extended thereby; and provided further that opportunity for hearing shall be afforded the State by the Secretary prior to promulgation thereof. CONTRACT SUBJECT TO COLORADO RIVER COMPACT 27. 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," which Compact was approved in Section 13 (a) of the Boulder Canyon project act. CONTINGENT UPON APPROPRIATIONS 28. This contract is subject to appropriations being made by Congress from year to year of moneys sufficient to do the work provided for herein, and to there being sufficient moneys available in the Colorado River Dam fund to permit allotments to be made for the performance of such work. No liability shall accrue against the United States, its officers, agents or employees, by reason of sufficient moneys not being so appropriated or on account of there not being sufficient moneys in the Colorado River Dam fund to permit of said allotments. TITLE TO REMAIN IN UNITED STATES 29. As provided by Section six (6) of the Boulder Canyon project act, the title to Boulder Dam, reservoir, plant and incidental works, shall forever remain in the United States. REMEDIES UNDER CONTRACT NOT EXCLUSIVE 30. Nothing contained in this contract shall be construed as in any manner abridging, limiting or depriving the United States of any means of enforcing any remedy either at law or in equity for the breach of any of the provisions hereof which it would otherwise have. The waiver of a breach of any of the provisions of this contract shall not be deemed to be a waiver of any other provision hereof or of a susequent breach of such provision. OFFICIALS NOT TO BENEFIT 31. 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 herefrom, but this restriction shall not be construed to extend to this contract if made with a corporation or company 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 R. F. WALTER, Chief Engineer, Bureau of Reclamation. STATE OF NEVADA, acting by and through its By RICHARD KIRMAN, Chairman. Attest: ALFRED MERRITT SMITH, Secretary. COLORADO RIVER COMMISSION of Nevada, By RICHARD KIRMAN, Chairman. Attest: ALFRED MERRITT SMITH, Secretary. Ratified and approved this 6th day of May, 1936. Attest: [THE GREAT SEAL OF THE STATE OF NEVADA] W. G. GREATHOUSE, Secretary of State. 1. THIS CONTRACT, made this 10th day of August, nineteen hundred thirty-six, 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 par 833942-50-38 581 |