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<br />. <br /> <br />. <br /> <br />delivered to the Hoover power contractors to account for increased <br /> <br />uses in the Upper Colorado River Basin.W However, these contracts <br /> <br />do not provide for a reduction in the amount of firm energy to be <br /> <br />delivered to the Hoover power contractors in the event that the <br /> <br />Secretary should decide to use such water to fill reservoirs in the <br /> <br />Upper Colorado River Basin. Therefore, since such an eventuality <br /> <br />was not included in the 1941 contracts, including the Energy Contract, <br /> <br />it is presumed that the parties thereto did not intend that storing <br /> <br />water to fill reservoirs in the Upper Colorado River Basin would <br /> <br />excuse the United States from delivering electric energy under said <br /> <br />contracts. <br /> <br />For the reasons stated above, it is Metropolitan's <br /> <br />position that the contract obligation of the United States to the <br /> <br />Hoover power contractors, including Metropolitan, is clear and well <br /> <br />defined, and the United States is not excused from performing its <br /> <br />obligations under the Energy Contract because the Secretary must <br /> <br />follow the mandate in Section 602 (a) of P.L. 90-537. The United <br /> <br />States is still required to deliver to Metropolitan either substitute <br /> <br />energy or money compensation. <br /> <br />W Hoover Dam Documents, Wilbur & Ely (1933 Ed) page 56. <br />- 26- <br />