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<br />. <br /> <br />. <br /> <br />usually approve such open-ended contracts. In conclusion, it is <br /> <br />submitted that the incorporation of the Compact in the Energy <br /> <br />Contract does not excuse the United States from performing there- <br /> <br />under when the Secretary stores water in the Colorado River Storage <br /> <br />Project reservoirs in compliance with Section 602 (a) of P.L 90-537. <br /> <br />The United States is required to furnish Metropolitan with either <br /> <br />substitute energy or money compensation. <br /> <br />B. Express provisions in Energy Contract <br />Excusing United States from Performance <br />Under Certain Eventualities Do Not Include <br />Storage in Upper Basin Reservoirs <br /> <br />Article 10 (d) provides in part that United States is <br /> <br />excused from delivery of water to generate energy in case of "drought, <br /> <br />hostile diversion, act of God, or the public enemy, or other similar <br /> <br />cause. . ." It should be noted that this proviSion does not excuse <br /> <br />the United States from delivery of electric energy pursuant to the <br /> <br />Energy Contract because of withholding water to fill any reservoirs <br /> <br />which might be subsequently constructed in the Upper Colorado River <br /> <br />Ba s in . <br /> <br />It is a well established principle of contract law that <br /> <br />a court will not by interpretation remake the terms of a contract <br /> <br />clearly expressed by the parties. In this case, in addition to the <br /> <br />eventualities discussed above, the Hoover power contracts specifically <br /> <br />provide for a gradual reduction in the amount of firm energy to be <br /> <br />-25- <br />