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. CERRTIFICATE OF 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 TRANSLATION. 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, 1904. [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 Imperial 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 the 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 authorized 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- By HIRAM W. BLAISDELL, Vice President. EXHIBIT E. No. [In the Superior Court of Yuma County, State of Arizona. Yuma County Water Users' Association et al., plaintiffs, v. Imperial Irrigation District et al., defendants. 2429.] To Imperial Irrigation District, C. R. Rockwood, Tom Hines, John Doe, and Richard Roe, their agents, servants, 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. v. Imperial Irrigation District et al. No. 2429.] STIPULATION. In the above-entitled action it is hereby stipulated that the temporary restraining 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. CONKLING, Attorney for Defendants. [Italics mine.] [In the Superior Court, Yuma County, State of Arizona. Yuma County Water Users" Association et al., plaintiffs, v. 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 ection 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 |