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2. If the owner of the land to be occupied for public use for the construction of the aqueducts, depots, appurtenances, and accessories should not appoint his expert appraiser within the term of eight days after so notified by the district judge, at the request of the company, grantee, said judge shall officially appoint an appraiser to represent the interests of the owner. 3. In all cases in which it be necessary to apply to the district judge, said official, if the company, grantee, would ask it, or if it would be impossible for it to specify the amount of lands to be occupied, shall begin the case, and the judge, after having previously had an audience with the Government engineer, or in the absence of this one, with the expert appointed by the same judge, shall name a sum to be deposited, while the case is tried, authorizing the company, grantee, meanwhile to occupy the lands in question, with the understanding that if the final valuation of the experts should be more or less than the amount deposited by the company, grantee, the company to pay the balance or to receive the difference. 4. If the owner of the lands in question should be unknown or the ownership in dispute by reason of litigation or any other motive, the district judge shall fix, as the total of the indemnity, the amount rendered by the expert appointed by said judge in representation of the rightful owner of the land in question. The amount ultimately fixed shall be deposited in accordance with the legal provisions, to be delivered to whom it belongs. 5. The experts, in making their valuations, must take into account the amount of taxes paid by the land to be condemned and damages and benefits to accrue by same to the owner. 6. If to carry on the surveys it should be necessary to destroy or cut down in all or in part trees, cactus, or other obstacles, the company, grantee, shall have the right to do it, being under the obligations to pay an indemnity as soon as that be fixed. ART. 14. The company, grantee, is authorized to build the telegraph and telephone lines it may think necessary along its work, for the exclusive use of its enterprise, with the previous approval of the secretary of communications and public works, and also to exploit those already built in the exclusive use of its works, the Government having the right to place freely and without any payment one or two telegraph wires on the posts of the line of the company, grantee, the company being subject to the laws and rulings now in force or that in the future may be enacted for the construction and exploitation of telegraph and telephone lines. ART. 15. The company, grantee, may import, free of customhouse duties for only once, all the engines, scientific instruments, and necessary apparatus for the outlines, construction, and exploitation of the works. The company, grantee, shall present to the secretary of development statements in detail of the articles which, in accordance with this concession, it shall have to import when needed, provided it be done within the stipulated terms in the present contract for the installation and construction, specifying in said statements the number, quantity, and quality of the articles, observing for said importation the rules enacted and which in the future be enacted by the Treasury Department, and also the limitations to be fixed by the secretary of development. ART. 16. The articles needed shall be imported by the company, grantee, for the exclusive use of its work and its exploitation ; but if it should sell or apply to any other uses any or some articles, the Secretary of the Treasury shall exact the payment of the respective duties, besides the penalties fixed by law in cases of smuggling. ART. 17. During 10 years from the promulgation of this contract the capital invested by the company, grantee, in the survey, construction, and maintenance of the works referred to in this contract, shall be exempt from all Federal taxes, with the exception of those to be paid in stamps, which taxes shall be paid in accordance with the said law. ART. 18. The company, grantee, is at liberty to enter into contracts and agreements with individuals and private public corporations for the use of the water granted to it, being subject in the prices to be charged to the tariff, which, with due opportunity, shall be presented to the secretary of development for his examination and approval, the company, grantee, having the right, nevertheless, to use said water in the irrigation of the lands belonging to it. ART. 19. The company, grantee, shall lose the right to use the water granted to it in this contract in article 4 in case it does not use it for a period of 10 consecutive years, the Government being at liberty to grant it to any other persons, who, if they should accept the works made by the company, grantee, shall have to pay to this company the amounts fixed by the appraisers appointed by both parties. ART. 20. The company, grantee, may transfer all or part of the concessions in the present contract with the previous permit of the secretary; also may mortgage it to individuals or private corporations, it being absolutely necessary in the first case that individuals or associations accept, respectively, all and each one of the obligations imposed to the company, grantee, by the present contract. ART. 21. The compnay, grantee, shall have the right to issue common shares, preferred shares, bonds, and obligations, and dispose of them. ART. 22. At no time nor by any reason can the company, grantee, sell or mortgage the concessions made to the present contract to any Government or foreign State, nor admit it in partnership, it being null and of no value nor effect whatever, any stipulation made to that end. ART. 23. The company, grantee, shall have in this capital a representative fully authorized to treat with the Government in all that refers to the present contract. ARt. 24. The company, grantee, shall guarantee the obligations contracted in this contract, making a deposit in the National Bank of Mexico of $10,000 in bonds of the consolidated public debt within eight days from the promulgation of the contract, and said deposit shall be returned to it when the hydraulic works referred to in this contract be finished. ART. 25. This contract shall have no force if the deposit is not made within the term fixed in the foregoing article, and shall become extinct by the following reasons: 1. For not beginning the works for the surveying and construction of the works and by not finishing the same in the term fixed in articles 7 and 8. 2. For not making use of the waters in a term of 10 consecutive years. 3. By the transfer of this contract to an individual or corporation without the previous permit of the secretary of development. 4. By the transfer or mortgage of this contract and the concessions herein contained to a Government or foreign State. ART. 26. If the cancellation of this contract shall take place by the reasons set forth in paragraphs 1 and 2 of the foregoing articles, the company, grantee, shall lose the deposit made and the concession and especial grants hereby made to it in this contract in article 4 and in those related to it, it being in force only in what refers to article 1. In the case set forth in paragraph 3 the company, grantee, shall lose the deposit and the concessions and especial grants made to it in this contract. If the cancellation should take place by the reasons expressed in paragraph 4, the company shall incur the loss of all its rights, estates, and properties of any kind related with this contract. In all cases and before the declaration of cancellation is made the secretary of development will grant to the company, grantee, a reasonable term to make its defense. ART. 27. The obligations agreed to by the company, grantee, in regard to the terms fixed in this contract shall be suspended in all cases of unexpected accident or by force of the elements duly justified and which may stop directly and absolutely the fulfillment of such obligations. The suspension shall last only for the term that the causes exist, the company, grantee, being under the duty to give to the General Government the statement and proofs of the unexpected accident within the term of three months from the time it took place, and by the sole reason of not presenting the proofs within the said term it will be impossible for the company, grantee, to allege at any time the circumstances of unexpected accident or the force of the elements. The company, grantee, shall also present to the Federal Government the statements and proofs that the works have been continued as soon as the cause bas ceased to exist, the presentation of said statements to be made within two months following the other three above mentioned. The company, grantee, shall only be excused for the term during which the impediment existed, or, at most, two months more. ARt. 28. The Government shall give to the company, grantee, the material and moral help within its possibilities, when the company so requests it, to overcome the difficulties that may arise in carrying out the present contract. ARt. 29. The company, grantee, shall be subject to the laws and rulings now in force and which in the future may be enacted for the supervision, use, and benefit of the waters.

ARTICLE 30. The company, grantee, and its company assigns, shall always be considered as Mexican corporations, though all or any of its stockholders could be foreigners, and the corporation shall be subject to the jurisdiction of the courts of the Republic in all the affairs emanating and to be decided within the territory of the Republic.

They would never be able to allege in all the affairs in relation to the present contract the rights of foreigners under any circumstances, and they shall only have the rights and the way to establish the same as the laws of the Republic grant them to the Mexicans, and consequently in any of said affairs the diplomatic foreign agents shall not have any interference.

ARTICLE 31. This contract shall be subject to the approval of both houses.

ARTICLE 32. The stamps on this contract shall be paid by the company, grantee.

Made in duplicate, in the City of Mexico, on the 17th day of the month of May, 1904.

- MANUEL G. CoSIO. Y. SEPULVEDA.

CEirrt IFICATE or CERTIFICATION.

I, William T. Heffernan, the duly elected secretary of the Sociedad de Yrrigacion y Terrenos de la Baja California, Sociedad Anonima, do hereby certify that the foregoing is a true and correct copy of contract between the Mexico Republic, approved by its Congress, and the Sociedad de Yrrigacion y Terrenos de la Baja California, Sociedad Anonima, for the diversion, conduction, use, and sale of water from the Colorado River.

And I do further certify that the same is recorded in the minute book of the company and the original instrument on file in the office of the company in the city of Los Angeles, State of California.

In witness whereof I have hereunto signed my name as secretary of the company, duly authorized, and affixed the seal of the corporation, the 27th day

of August, 1904. WILLIAM T. HEFFERNAN, Secretary.

CERTIFICATE OF TRAN SLATION. I, A. J. Flores, do hereby certify that the foregoing is a true and correct translation of that certain instrument drawn, executed, and approved in the Spanish language, being a contract between the Republic of Mexico and the Sociedad de Yrrigacion y Terrenos de la Baja California, Sociedad Anonima, to divert, conduct, use, and sell water from the Colorado River. In witness whereof I have hereunto set my hand and seal, at Los Angeles,

Calif., the 27th day of August, 1964.
[SEAL.] - A. J. Flores, Translator:

- ExHIBIT E.

This indenture, made and entered into this 28th day of December, 1900, by and between the California Development Co., a corporation, duly organized and existing under and by virtue of the laws of the State of New Jersey, one of the United States, party of the first part, and la Sociedal de Yrrigacion y Terrenos de la Baja California (Sociedad Anonima), a corporation duly organized and existing under and by virtue of the laws of the Republic of Mexico, party of the second part, witnesseth, that

Whereas party of the first part is the owner of a certain tract of land situated in the county of San Diego, State of California, and particularly described as follows, namely: Lots 3 and 4 of section 25 and the southeast quarter of section 26 and lots 1, 2, 3, and 5 and the northwest quarter of the northeast quarter of section 35; and lot 1 of section 36 in township 16 south, range 21 east, San Bernardino base and meridian, containing 318.51 acres of land, more . or less, according to the United States Government survey; and

Whereas the first party has appropriated and is the owner of a large amount of the waters of the Colorado River, and is engaged in the diversion of said waters from said Colorado River upon the lands so owned by party of the first part as aforesaid, and is engaged in the construction of headworks and a canal upon said land for the purpose of diverting said waters, and is engaged

in the construction of an irrigation system and a system of canals, whereby the waters of the Colorado River so diverted upon the said land of first party as hereinbefore alleged may be used for the irrigation of large tracts of land in Lower California, Republic of Mexico, and in the State of California, United States of America; and Whereas said party of the second part is the owner of a tract of land containing about 100,000 acres, situated in Lower California, Republic of Mexico, a portion of which said tract of land is situated adjoining and immediately south of the international boundary line between the United States of America and the Republic of Mexico; and Whereas the irrigation system and system of canals so being constructed by party of the first part, crosses said international line from a point upon the land so owned by party of the first part, to a point upon the land so owned by party of the second part; and Whereas the proposed extension of said canals and irrigation system extends through and across the lands of party of the second part in a generally southwesterly direction, and then in a generally northerly direction across the lands of party of the second part to various points upon said international boundary line, from which lands in California, United States of America, can be irrigated, and also extends to other points upon the land of second party from which the said land of second party and other lands in Lower California, Republic of Mexico, can be irrigated ; and Whereas party of the second part has entered into a certain contract with Imperial Water Co. No. 1, a corporation organized and existing under and by virtue of the laws of the State of California, United States of America, whereby party of the second part agrees to deliver to said Imperial Water Co. No. 1, at a point upon said international line a certain amount of water; and Whereas party of the second part contemplates entering into additional contracts with other water companies already formed or to be formed in the State of California, for the purpose of delivering to said water companies a large amount of water for the purpose of irrigating certain tracts of land situated in the State of California, which are irrigable from the proposed system, and systems of canals so to be constructed by party of the first part as hereinbefore stated ; and Whereas party of the second part desires to obtain water for the purpose of complying with the contract so entered into between it (party of the second part) and said Imperial Water Co. No. 1, and desires to obtain water for the purpose of complying with the contracts so proposed to be entered into between party of the second part and said corporations already incorporated in the State of California, and said corporations proposed to be incorporated in the State of California; and Whereas party of the second part desires to obtain a supply of water for the purpose of irrigating the lands so belonging to party of the second part as aforesaid; and Whereas party of the second part desires to obtain water for the purpose of furnishing the same for the irrigation of other lands situated in Lower California, Republic of Mexico; and Whereas under the contract so entered into between party of the second part and said Imperial Water Co. No. 1, said Imperial Water Co. No. 1 has granted to party of the second part the right to sell all of the water stock of it (Imperial Water Co. No. 1); and Whereas party of the second part proposes to obtain similar contracts from other California corporations formed or to be formed; Now, therefore, in consideration of the obligations hereinafter imposed upon party of the second part party of the first part hereby agrees:

I.

To build a system of canals from the point upon the lands of party of the first part, where said water is to be diverted from said Colorado River to and across said international line and across the lands of party of the second part to other points upon said international line from which large tracts of lands situated in the State of California, United States of America, can be irrigated; and also a system of canals from said point upon the Colorado River where said water is to be diverted from which the lands of party of the second part and other lands situated in Lower California, Republic of Mexico, can be irrigated.

II.

Party of the first part further agrees to perpetually deliver to party of the second part a sufficient amount of the water so appropriated, owned, and diverted, or to be in the future appropriated or diverted by party of the first part from the Colorado River, to enable party of the second part to furnish water for the irrigation of the lands situated in Lower California, Republic of Mexico, and State of California, United States of America, which are irrigable by gravity from the system of canals and irrigating system so to be constructed. Said waters so to be delivered by said system of canals to form an irrigation system for the purpose of irrigating lands situated in California, United States of America, and in Lower California, Republic of Mexico, which are irrigable from the Colorado River by gravity. Said agreement to deliver said waters is made subject to and dependent upon the following conditions, namely:

1. No contract made or to be made whereby party of the second part has agreed or in the future shall or will agree to grant, transfer, deliver, or in any manner convey the right to use any of said waters to any person or corporation shall by reason of priority in date or any other reason, give to such person or corporation any prior or superior right over any other person or corporation who shall in any manner acquire from second party the right to use any portion of Said waters.

2. Party of the first part shall not be responsible for a failure to deliver the water hereby agreed to be delivered from any cause beyond its control, but party of the first part shall use due diligence in protecting the system of canals so to be constructed by it as aforesaid, and in restoring and maintaining the flow of Water therein.

III.

Party of the first part further agrees that it will keep said canals so to be constructed by it, as aforesaid, in repair at its own cost and expense, and that it will enlarge the same from time to time as may be necessary for the purpose of complying with the provisions of this agreement.

IV.

In consideration of the obligations herein incurred by party of the first part, party of the second part hereby grants, assigns, and transfers to party of the first part all right which it, party of the second part, has in and to the stock of said Inperial Water Co., No. 1, and all right which it has to receive any of the moneys which would otherwise be due and payable to party of the second part under said contract with said Imperial Water Co., No. 1, from the sale of ihe stock of said Imperial Water Co., No. 1. Second party further agrees that

- it will make like assignments in the future of all rights which it may acquire

under contracts similar to said contract with Imperial Water Co., No. 1, which
it may make with other water companies in the State of California for the sale
of the stock of said companies, or the proceeds to be derived therefrom.
In witness whereof party of the first part has caused its corporate name and
seal to be hereunto affixed by its president and secretary thereunto duly au-
thorized by resolution of its board of directors; and
In witness whereof, party of the second part has caused its corporate name
and seal to be hereunto affixed by its vice president and secretary, thereunto
duly authorized by resolution of its board of directors.
Executed in duplicate the day and year first above written.

THE CALIFORNIA DEVELOPMENT Co.,
By GEo. CHAFFEY, President.
By A. M. CHAFFEY, Secretary.
LA SoCIEDAD DE YRRIGACION Y TER-
RENos DE LA BAJA CALIFORNIA
(SOCIEDAD ANONIMA).
By HIRAM W. BLAISDELL, Vice President.
By WILLIAM T. HEFFERNAN, Secretary.

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