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ExHIBIT E.

[In the Superior Court of Yuma County, State of Arizona. Yuma County, Water Users' §otion et al., plaintiffs, v. Imperial Irrigation District et al., defendants. No.

TEMPORARY RESTRAINING Order.

To Imperial Irrigation District, C. R. Rockwood, Tom Hines, John Doe, and Richard Roe, their agents, serrants, employees, and attorneys. It satisfactorily appearing, from the reading of the verified complaint herein, that if the defendants are permitted to construct a dam across the Colorado River from a point in Yuma County, State of Arizona, to a point on the Mexican or California side of said river, for the purpose of raising and forcing the waters of said river into the ditches and canals of the defendant Imperial irrigation district that great, immediate, and irreparable injury and damage will result to the plaintiffs therefrom by the prevention thereby of the scouring, eroding, and washing downward of the bottom of said river, thereby causing the waters of said river to erode, wash away, and overflow the levees which protect the lands of the plaintiffs and the persons for whom they sue herein, and thereby causing the water table underlying said lands to be raised and thereby impregnating the said land with an excessive quantity of deleterious salts, and that if notice should be given of a hearing hereon, the giving of notice of an application for an interlocutory writ of injunction and the delay incident thereto would permit the defendants to erect so much of said proposed and threatened dam as would result in immediate and irreparable injury, as aforesaid, to the plaintiffs and the persons for whom they sue herein before notice could be served and a hearing had thereon; and it further appearing that the damage threatened to be inflicted upon and suffered by the plaintiffs and the persons for whom they sue herein is not of a nature to be compensated by a money judgment, and that the defendants can not, in any event, respond in damages. You, and each of you, are therefore commanded, enjoined, and restrained. and each of your agents, servants, attorneys, and employees are commanded, enjoined, and restrained until the further order of this court, and without further notice, from in any way constructing or erecting, or attempting to construct or erect, a dam or dams, or any obstruction whatsoever across the Colorado River from a point at, in, or near fractional section 35, twp. 16 S., R. 21 E., G. & S. R. Mer., in Yuma County, State of Arizona, or any other point whatsoever in said Yuma County, to a point on the California or Mexican side of said river, about 400 feet below the C. D. heading, or to any other point whatsoever on the right bank of said river, for the purpose of raising and forcing the waters of said river into the ditches and canals of said Imperial Irrigation Co., or for any purpose wsatsoever; and you are hereby commanded and enjoined to instantly cease and desist from driving any piles or doing any other act whatsoever in furtherance of the erection or construction of any such dam or dams, or of further impeding the flow of said Colorado River upon plaintiffs giving bond in $1,000. And you are directed to show cause before said court, in the courtroom at Yuma, Ariz., on Thursday, the 10th day of August, 1916, why a permanent injunction shall not issue restraining you from the performance of said acts. Done in open court this 1st day of August, 1916, at the hour of 4.55 o'clock p. m. FRANK BAxTER, Judge of said Court.

I. H. B. Farmer, clerk of the Superior Court of Yuma County, State of Arizona, the same being a court of record, do hereby certify that the bond mentioned in the within order has been filed and approved.

[SEAL.] H. B. FARMER, Clerk.

[In the Superior Court, Yuma County, State of Arizona. Yuma County Water Users" Association et al. r. Imperial Irrigation District et al. No. 2429.]

STIPULATION. In the above-entitled action it is hereby stipulated that the temporary re

straining order heretofore issued may be modified and made to read as the annexed temporary restraining order.

It is further stipulated that the defendant Imperial Irrigation Di trict hereby admits service and summons herein and usbmits itself to the jurisdiction of said

court, and agrees to herein file its demurrer or answer within 20 days hereafter.

It is further agreed that the said cause will not be tried until after the 1st day of October, 1916, and that the plaintiffs may, if they see fit, amend their complaint herein so as to ask for the carrying out of this stipulation and the temporary injunction herein, and compel the removal of the obstructions placed in. the river by the defendants. THos. D. MoLLOY, Attorney for Plaintiffs. W. M. Conklı NG, Attorney for Defendants.

[Italics mine.]

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[In the Superior Court, Yuma County, State of Arizona. Yuma County Water Users Association et al., plaintiffs, c. Imperial Irrigation District et al., defendants.]

MODIFIED RESTRAINING Order.

In the above-entitled action, the parties hereto having agreed to the same, the temporary restraining order heretofore i sued is hereby modified and made to read as follows:

On reading the verified amended complaint herein and the stipulation of the parties herein, it is hereby ordered as follows: Upon the defendants giving bond in the sum of $100,000 for the faithful observance hereof.

That the defendants are permitted to construct their proposed dam or weir, but in the construction of the ame they are hereby commanded, enjoined, and restrained from using any rock in the construction of the said weir, except such rock as may be loaded upon the cars with the steam shovel now in use by said defendants, or another of similar size, and from u ing any rock larger in size than one-half of one cubic yard; and they are further commanded to commence the removal of any piles or trestle placed by them in the said river not later than October 1, 1916, and thereafter to remove the same with diligence, and in all events to remove the same not later than November 1, 1916, and also thereafter to remove the other obstructions placed by the defendants in the said river at the time and in the manner directed by the project engineer of the Yuma project of the United States Reclamation Service, and in any event, shall remove the same prior to January 1, 1916.

Done in open court this 3d day of August, 1916.

BAXTER, Judge of said Court.

[In the Superior Court of the State of Arizona in and for the county of Yuma. Yuma. County Water Users' Association et al., plaintiffs, v. Imperial Irrigation District et al., defendants. No. 2429.]

STIPULATION.

The parties hereto hereby stipulate as follows, to wit:

1. That the temporary restraining order heretofore is ued herein, now in full force and effect as heretofore modified, may be. and the same is hereby, further modified and shall remain in full force and effect, as so remodified, until the further order of this court, as follows, to wit: That the defendants are permitted to erect and construct and temporarily maintain across the Colorado River from a point in, or near, fractional section 35, township 16 south, range 21 east, S. and B. meridian, in Yuma County, State of Arizona, to a point on the California or Mexico side of said river near what is known as Hanlon's heading, of the Imperial Valley irrigation project, a brush dam or weir on the crest of what now remains of a rock dam heretofore placed in said river at said point in accordance with the stipulation of the parties hereto duly filed herein, and in pursuance of the said restraining order as heretofore modified and in force and effect, and to so repair and rebuild said rock dam, or as near thereto as practicable; and that said brush weir or dam and the materials composing the same

shall be held and maintained in place by a system of piling driven through and erected upon the crest of said rock dam, or as near thereto as practicable, which said system of piling may be in the form of a trestle upon which may be operated a railroad for dumping material other than rock if necessary, said system of piling to be used in conjunction with certain guy ropes and ties made fast to certain dolphin anchors erected in said river immediately above said rock dam; and that said dam shall be constructed without the placing of any rock whatsoever therein, or in connection there with, and that the same may be kept and maintained by the defendants at said point in said river from July 1, 1919, until July 1, 1920: Provided, however, If during said period the Colorado River, whether from floods in the Gila River or from other causes, rises to such a height as, in the judgment of W. W. Schlecht, project manager of the Yuma project of the United States Heclamation Service, or his successor in office, to imminently endanger the irrigation works of said Yuma project, or any of the property of the Yuma County Water Users' Association, or any of its constituent members, or any land or lands within the said Yuma project on either side of said Colorado River, the said defendants shall immediately remove, by adequate means, such as blasting, said dam to the extent that it will permit the free flow of the waters of the Colorado River to the southward and thus remove all danger to the property above described. 2. It is further stipulated, as a condition precedent to this stipulation taking effect, that said Imperial Irrigation District shall give a bond to the United States of America and Yuma County Water Users’ Association, as joint and several obligees, to reimburse the United States and said association and its constituent members for any damage which may result from the repairing, rebuilding, or maintaining of said dam or weir, and further conditioned that said district shall, on or before April 15, 1921, entirely remove, or cause to be entirely removed, all and all parts of said dam or weir and all parts of all other dams and weirs placed in said river at or near said Hanlon's heading by said district, or its predecessors in the 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 Hanlon’s heading by said district or its said predecessors at any time whatsoever for the purpose, or 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 water did flow prior to the placing of any of said obstructions therein by said district or its said predecessors, and so as to not endanger the property of said association or the property of it constituent members. 3. And it is further stipulated and agreed between the parties hereto that the granting of the permission by the plaintiffs herein to the defendants herein to erect and maintain said brush dam, as hereinbefore stipulated for, and the entering into this stipulation and the modification of said temporary restraining order shall not be admitted as evidence in this or any other proceeding whatsoever between the parties hereto ; and it shall not be taken, held, or deemed that the construction of said weir, or other, or like weirs in the past or in the future is not, and shall not be, of irreparable injury to the Yuma County Water Users' Association, its shareholders and constituent members; and it is further stipulated that the granting of said permission and the entering into this stipulation is, and shall be, without prejudice to the right of the plaintiffs in this action to have entered a decree upon a final hearing herein, and on sufficient evidence permanently restraining said irrigation district from constructing such weir or weirs across said river. I)ated this 5th day of July, 1919. THos. MOLLOY, Attorney for Plaintiff. HORDWELL AND MATHEWS, PHIL D. Sw1NG, and J. STEwART Ross, 11ttorneys for Defendant.

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This indenture made this 5th day of July, 1919, between Imperial Irrigation District, a municipal corporation duly organized and existing under the laws of the State of California and doing business in Imperial County, State of California, party of the first part, and Yuma County Water Users' Association, a corporation duly organized and existing under the laws of the State of Arizona, and doing business at Yuma, State of Arizona, acting for and on behalf of its, and all of its, constituent members and shareholders, party of the second part, witnesseth:

Whereas said first party is engaged in the business of appropriating and diverting irrigation waters from the flow of the Colorado River at a point in said river known as Haulon's heading, at or near fractional section 35, township 16 south, range 21 east, S. & B. M., in Yua County, State of Arizona, for the irrigation and reclamation of many hundreds of thousands of acres of land in Imperial Valley, Imperial County, State of California, hereinafter designated as Imperial Valley irrigation project; and

Whereas in order to secure a sufficient flow of irrigation water to properly irrigate and reclaim said lands, and to prevent the same from returning to their original desert condition, it is now necessary to erect, and temporarily maintain, during low-water periods in said river, a dam, or weir, in said river at or near said Hanlon's heading; and

Whereas the irrigation and maintenance of said dam tends to create such a condition in the flow of the waters of said Colorado River as to endanger the works of the Yuma project of the United States Reclamation Service, and the lands and property of said Yuma County Water Users' Association, and its constituent members and shareholders; and

Whereas said Yuma ('ounty Water Users' Association has granted its permission that a weir, or dam, may be constructed and maintained at said point in said river from July 1, 1919, until July 1, 1920, subject to certain provisos and exceptions hereinafter more fully set forth; and has stipulated and agreed that a certain temporary restraining order heretofore issued out of the superior court of the State of Arizona in case No. 2429, and now in force and effect in said court, wherein the said Yuma County Water Users' Association et al, are plaintiffs, and the said first party et al. are defendants, restraining and enjoining the first party herein from erecting and maintaining any weir or dam at said point, shall be so modified as to permit the erection and maintenance of a weir or dam therein during said last-mentioned period; and not to further prosecute said suit during said period :

Now, therefore, the said party of the first part, in consideration of the foregoing, does hereby promise, undertake, and agree that if it becomes necessary for the accomplishment of said purposes to erect and temporarily maintain a dam, or weir, in and across the Colorado River at or near Said Hanlon's heading, as hereinbefore described, that it shall construct the same out of brush, without the use of any rock whatsoever, and that said brush shall be erected and maintained on the top of the crest of the rock dam and weir erected by said first party, and maintained at said point by it during the year 1918, and as the same is now placed and situated in said river, and as the same has been eroded away by the waters of the Colorado River during the high waters of said river in the spring and early summer of the year 1919 (and that said brush weir or dam and the materials composing the same shall be held and maintained in place by a system of piling driven through and erected upon the crest of said rock dam or as near thereto as practicable, which said system of piling may be in the form of a trestle upon which may be operated a railroad for dumping material other than rock; if necessary, said system of piling to be used in conjunction with certain guy ropes and ties made fast to certain dolphin anchors erected in said river immediately above said rock dam) and said first party further promises, agrees, and undertakes to remove all of said brush dam or weir from out of said river on or prior to July 1, 1920, and at any other time between said July 1, 1919, and July 1, 1920, that W. W. Schlecht, project manager of the Yuma project of the United States Reclamation Service or his successor in office shall deem the maintenance of said dam to in any way endanger any of the works of said Yuma project, or any of the lands or property of said Yuma County Water Users' Association, and of its shareholders and constituent members, or any land within said Yuma project

on either side of said Colorado River; and the said first party hereby undertakes and agrees to keep and maintain at or near said dam a sufficient amount of explosives to immediately blow out and remove said dam to such an extent as will permit the free flow of the Colorado River to the southward, so that the same will not endanger any of said property. And the said first party further stipulates and agrees that the permission so , given to erect and temporarily maintain such a dam or weir in the Colorado Rivera at said point, and the permission heretofore given for the erection and maintenance of dams and weirs across the Colorado River at or near said point, and their erection and maintenance, and the giving in the future of permission to erect and maintain such dams and weirs, shall not be taken held, or deemed, nor shall either of them be taken, held, or deemed, not to be of irreparable injury to said Yuma County Water Users' Association, its shareholders and constituent members; and the granting of said permission and the erection and maintenance of said dam or weirs shall be without prejudice to the right of said Yuma County Water Users’ Association, its shareholders and constituent members, to have entered in said suit No. 2429, or any other proceeding, in any other court of competent jurisdiction, upon due and sufficient evidence, a decree permanently restraining said first party from constructing and maintaining such weir or weirs or any weir or weirs, dam or dams across said river. And the said party of the first part, in consideration of the premises as hereinbefore set forth, does hereby further promise, agree, and undertake to pay to said second party all damage that may result to them, or either of them, from injury to their person or property because of the erection and maintenance of said brush dam or weir or the erection and maintenance of the rock base upon which the same shall be constructed, as hereinbefore described, and the said first party further promises, undertakes, and agrees to pay to second party any and all damages that may result to them, or either of them, because of the erection or maintenant e of the remaining portions of all or any of the rock dams or weirs heretofore placed in said Colorado River at or near said point, including what is known as the Clark Dam or Weir. And it is further stipulated and agreed that said second party, or either, or any, of the constituent members or shareholders of said Yuma County Water Users' Association may sue hereunder in their own right and without joining any other party hereto as a party plaintiff : Provided, however, That if more than one of the said shareholders or constituent members should separately sue the first party for such damage, all of said actions so brought in the same court may be consolidated and tried as one action, each plaintiff recovering the amount of damage that he shall have suffered, as finally determined by such court. The said first party, for and in consideration of said premises, further promises, covenants, and agrees to entirely remove from out of the bed of the Colorado River on or before April 15, 1921, all and all parts of any and all dams and weirs, piles and piling, rock and brush, anchors, guys, ties, and all other material whatsoever placed or caused to be placed therein by the said party of the first part, or its predecessors, in the ownership and operation of said Imperial Valley irrigation project, at any time whatsoever, for the purpose of impeding the flow of said river and raising the height of the waters thereof so that the same would more freely flow into the irrigation canals of the said first party, or any of its predecessors, and to the extent that all of the waters of the Colorado River shall flow as freely to the southward as said waters did flow prior to the placing of any obstructions in the bed thereof by said party of the first part or any of its said predecessors. It is understood and agreed that the said first party shall furnish a satisfactory surety bond in the sum of $500,000 to the United States of America, and the second party hereto, as joint and several obligees to reimburse them for any damage resulting from the erection or maintenance of dam or weir, and conditioned for the removal of all of said obstructions from said river; and that a recovery or recoveries on said bond shall not be a bar to any action or actions by the second party hereto or its constituent members, or any of them, in the event that they, or either of them, should be damaged because of first party's breach of any of the terms or covenants of this agreement, it being understood and agreed that the first party hereto undertakes, promises, and agrees to pay all the damage that may result because of its breach of any, or all, of the terms, conditions, and covenants of this agreement, notwithstanding the execution and delivery of any bond, or bonds.

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