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<br />. <br /> <br />. <br /> <br />by the provisions above set forth operates so as to excuse the <br /> <br />United States from performing its obligations under the Energy <br /> <br />Contract when the United States, acting through the Secretary, <br /> <br />stores water in Lake Powell pursuant to Section 602 (a) of <br /> <br />P. L. 90-537 for the purposes stated therein. <br /> <br />The general rule regarding the effect of incorporating <br /> <br />another document in a contract by reference is that the document <br /> <br />referred to is incorporated into the contract as though it were <br /> <br />set forth therein verbatim, and both the contract and the document <br /> <br />are construed as the agreement of the parties.m Thus, Metropolitan's <br /> <br />Energy Contract should be read as if it contained the text of the <br /> <br />Compact and any other documents incorporated therein. <br /> <br />Article I of the Compact states the major purposes of <br /> <br />the Compact as follows:, <br /> <br />"The major purposes of this compact are to provide <br />for the equitable division and apportionment of the <br />use of the waters of the Colorado River system; to establish <br />the relative importance of different beneficial uses of <br />water; to promote interstate comity; to remove causes of <br />present and future controversies and to secure the ex- <br />peditious agricultural and industrial development of <br />the Colorado River Basin, the storage of its waters, and <br />the protection of life and property from floods. To <br />these ends the Colorado River Basin is divided into two <br />basins, and an apportionment of the use of part of the <br />water of the Colorado River system is made to each of <br />them with the provision that further equitable apportionment <br />may be made." (Emphas is added) <br /> <br />.w 17 American Jurisprudence 2d. page 666 (13 263 Contracts) <br /> <br />- 23- <br />