Page:United States Statutes at Large Volume 40 Part 1.djvu/1226

 1208 s1XrY-1·*1F*rH CONGRESS. Sess. III. ce. 76. 1919. find and determine that there has not been diligent prosecution of the work, or that said condemnation proceedings haye not been commenced and dili ntly prosecuted, or that municipal bonds have not been issuede an sold as herein rifovided, then he may __ declare forfeited all hts of the grantees erein and request the J°d‘°‘°1Pr°°°d`"°’ Attorney General, orlilgbehalf of the United States, to commence suits or proceedin in the proper court having jurisdiction thereof for the urpose ogg procuring a judgment declaring  rights to be forfeitedp to the United States, and upon such request 1t shall be the duty of said Attorney General to cause to be commenced and gripsue-j_¤°w°¤°°*°'°°S“°" ecuted to a Hnal judgment such suits or proceedmgs: Brcrmlded, at the Secretary of the Interior shall make no such Endings and take no such action if he shall End that the issuance or sale of municipal bonds or the construction or progress of the dam or reservoir has been delayed or prevented by the act of God or the public enemy _ been reasonably foreseen and overcome, or by other sgecial or peculiar ,;,°§Z,§u‘“°° rm '°g' diiiicultim beyond the control of said grantee: ro/vided furtlwr, 'I`hat in the exercise of the rights grante by this Act the grantee shall at all times comply wit the regulations herein authorized, and in the event of any material departure therefrom the Secretary of the Interior or the Secretary of Agriculture, respectively, may _ take such action as may be necessary in the courts or otherwise to mR,§“‘}§§,?;v‘;§,I“‘§0°§,€ enforce such regulations: Prmnkleddfurtluzr, That if such dam be built 1>1¤¢¤d»¤*¤· the Indians of the Capitan Gran e Reservation shall be permitted to reside on, occupy, and cultivate the lands of their present reservation up until within ninety days of the time when water for storage purposes will be turned into the reservoir to be constructed hereunder, provided such occupancy by the Indians will not materiall_y hinder the construction of the dam and storage work, which fact is _ to be determined  the Secretary of the Interior. d§,§g_°’ '“°"°°’ "°‘ Sec. 5. That said reservoir when constructed, shall be maintained and controlled_by the city of San Diego for the use and benefit of said city and the inhabitants thereof and of such other munici alities within the county of San Diego, State of California, as may be now Bi1>¤¤¤¤¤w¤¤¤·S,¤¢¤· or hereafter furnished with water by said city of San Diego, and for the use and benefit of riparian owners along) the San Diego River below the lands herein described and for the eneiit of persons, cor- Hplrations, or municigalities situated along or adjacent to the pipe ` es of said city of an Diego for the conservation and storage of 8tm_ to M_ water for domestic, irrigation, or municigal uses: Provided, That the unl cevemmem. city of San Diego shall sell to the United tates for the use of the War and Navy Departments such water as the War and Navy Departments, or either of them, may elect to take and shall deliver the same through its system in or near the city of San Diego to the mains or systems of such military or naval reservations in that vicinit as may be designated by the Secretary of War or the Secretary ofy the Navy, or both, under such rules and regulations as they or either of R“‘°’· them may prescribe. In pigment of such water and the delivery thereof the 'nited States s pay to said city of San Diego a rental to be calculated at a fixed rate per one thousand gallons, said rate not to exceed the actual cost of such water to said cit for all water mQ(Q{§0’;g$g°gmggd_“* so furmshed as determined by meter measurements: ;’rovided, lwwever, That the grantee shall at all times comply with and observe on ICS part all of the conditions specified in this Act, and in the event Enforcement that the sums are not reasons ly complied with and carried out by ‘ the grantee upon written request by the Secretary of the Interior It · is made the duty of the Attorney General, in the name of the United States, to commence all necess suits or proceedings in the proper court having jurisdiction therddi for the purpose o enforcing and
 * or by legal, engineering, or other difficulties that could not have