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. . . Contract for the operation of Hoover powerplant (Agency Contract) ,W Each of these documents contains the following reference to the Colorado River Compact: Article 10 of the United States-Metropolitan Energy Contract provides in part: "DELIVERY OF WATER FOR GENERATION OF ELECTRICAL ENERGY 10. (a) Subject to: (i) the statutory requirement that Boulder Dam and the reservoir created thereby shall be used: First, for river regulation, improvement of navigation, and flood control; second, for irrigation and domestic uses and satisfaction of perfected rights mentioned in Section 6 of the Project Act; and third, for power; and (it) The further statutory requirement that this contract is made upon the express condition and with the express covenant that the rights of the District, as a contractor for electrical energy, to the use of the waters of the Colorado River, or its tributaries, shall be subject to and controlled by the Colorado River Compact; the United States will deliver to the District energy in the manner required by this contract, in the quantity to which the District is entitled here- under, and in accordance with the District's load require- ments .11 Article 31 of the Agency Contract provides: "AGREEMENT SUBJECT TO COLORADO RIVER COMPACT 31, This contract is made upon the express condition and the express covenant that all rights hereunder shall be subject to and controlled by the Colorado River Compact, approved by Section 13 (a) of the Project Act, and the parties hereto shall observe and be subject to and con- trolled by said Colorado River Compact in the construction, management and operation of all works provided for herein, and the storage, diversion, delivery, and use of water hereunder. " The basic question to be determined is whether the in- corporation of the Compact into Metropolitan's Energy Contract W Text: Hoover Dam Documents by Wilbur & Ely (1948 Ed.) Page A301. -22-