“That the said grantee shall recognize the prior rights of the Modesto irrigation district and the Turlock irrigation district as now constituted under the laws of the State of California, or as said districts may be hereafter enlarged to contain in the aggregate not to exceed 300,000 acres of land to receive 2350 second feet of the natural daily flow of the Tuolumne River, measured at the La Grange dam, whenever the same can be beneficially used by said irrigation districts; and that the grantee shall never interfere with said rights.”
The last of section 9 provides:
“That at such time as the aggregate daily natural flow of the watershed of the Tuolumne and its tributaries, measured at the La Grange dam shall be less than said districts can beneficially use and less than 2350 second feet, then and in that event the said grantee shall release, free of charge, the entire natural daily flow of the streams which it has under this grant intercepted.”
Proviso is also made that if the lower irrigation districts desire more than the usual amount they may have it up to a certain quantity by paying a rate fixed by the Secretary of the Interior.
Under section 9 other provisions are:
“That the said grantee shall not divert beyond the limits of the San Joaquin Valley any more of the waters from the Tuolumne watershed than, together with the waters which it now has or may hereafter acquire, shall be necessary for its beneficial use for domestic and other municipal purposes.
“That when the said grantee begins the development of the Hetch-Hetchy reservoir site it shall undertake and vigorously prosecute to completion a dam at least 200 feet high, with a foundation capable of supporting said dam when built to its greatest economic and safe height.
“That the said grantee shall upon request sell or supply to said irrigation districts and also to the municipalities within either or both said irrigation districts, for the use of any land owner or owners therein for pumping subsurface water for drainage or irrigation, or for the actual municipal public purposes of said municipalities (which purposes shall not include sale to private persons or corporations), any excess of electrical energy which may be generated and which may be so beneficially used by said irrigation districts or municipalities.
“That the right of said grantee in the Tuolumne water supply to develop electric power for either municipal or commercial use is to be made conditional upon its installing, operating and maintaining apparatus capable of developing and transmitting, under a general increase in amount, not less than 60,000 horse-power at the end of twenty years. The said grantee shall develop and use hydro-electric power for the use of its people and shall at prices to be fixed under the laws of California, or, in the absence of such laws, at prices approved by the Secretary of the Interior, sell or supply such power for irrigation, pumping or other beneficial use.”
The bill further provides that after twenty years the Secretary of the Interior may require the grantee to develop, transmit and use or offer for sale such additional power less than 60,000 horse-power as the grantee may have failed to develop, transmit, use or sell within the twenty years. In case of the failure of the grantee to carry out these requirements, the Secretary of the Interior is authorized to provide for the development, transmission, use and sale of such power and power not developed or used. For that purpose the Secretary “may take possession of and lease to such person or persons as he may designate” such portion of the property of the grantee as may be necessary for the purpose in view.