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About Herald and news. (Klamath Falls, Or.) 1942-current | View Entire Issue (Aug. 9, 1955)
TUESDAY, AUGUST 9. 1955 HERALD AND NEWS. KLAMATH FALLS. OREGON PACE FIVE Add Copco (Vintiaard from p:je 1) sutirct to l!,e conditions herein attei proUrtfti, Linlt ilivcr Dam ljcuveti ill Klamath County. Ore son, hci colore ccnsiructe;l by Copco ar.U transferred to the Unit ed S'.ales purs-uant to the afiree menl of r'eijruary 24. 1317. Copco may rejukite the water level of Upper Klar.Mth Lake between the elevations 4143 3 and 41J1 iRpe- lamation Service Dnlum'. but the water Irvrl thall not he raised above elevation 4143.3 and sh:ill not be iuwered te'ow eicvauon 4137, i.'xctpt at such times, and on sucn concrnns, as rn.w be sat isfactory to the Contraclin,; Ofli- cer: provided. That the Contract ing Officer from time to time may specify a higher minimum eleva tion if in his opinion such must be maintained in order to protect tne irrigation and reclamation re- cuirements of Project Land and whenever the elevation of the lake drops to a point two-tenths of foot above such elevation, the Con tractin? Officer may assume con trol of the Link River Dam ard its outlets and continue in control so Ions as the lake level remains at or below tnat elevation. All elevations stated in this ar ticle, or specified by the Contract ing Officer pursuant to this article, shall mean elevations in a state of calm. 3. Copco shall at its own ex pense maintain the approach chan nel to the Main Canal of the Klam ath Project to the satisfaction of the Contracting Officer so lar as may be necessar to insure a flow of not less than 1203 c.f.s. during tne months of June. July, and Au gust of each year and 10O0 c.f.s, during each of the other months, into the Main Canal with the wa ter of Upper Klamath Lake at an elevation of 4137. 4. Copco assumes any and all liability for damages resulting iunn operation of the Link River Dam by Copco or resulting from its regulation and control of the water levels of Upper Klamath Lake. Copco hereby undertakes to hold the United States harmless from any and all liability for damage arising out of the opera tion by Copco of Link River Dam and the regulation and control by Copco of Upper Klamatn Lake herein provided for. 5. For the period of this contract Copco agrees to furnish electric power for the purposes and for the rates set forth in Exhibit "B" attached hereto and hereby made a part of this contract. , 6. Nothing in this agreement shall curtail or in anywise be con strued as curtailing the rights of the United States to Klamath Wa ter or to the lands along or under the margin of Upper Klamath Lake. No Klamath Water shall be used by Copco when it may be needed or required by the United States or any Irrigation or drain age district, person, or association obtaining water from the United States for use for domestic, muni cipal, and irrigation purposes on Project Land: Provided, That nothing to this agreement shall curtail or Interfere with the wa ter rights of Copco having a pri ority earlier than May 19. 1905. and: Provided further. That no Klamath Water shall be transport ed beyond the Upper Klamath Riv er Basin except ouder the provi sions of Article 7 of this contract and except for that water which is being transported through the Cascade Canal as of the effective date of this contract. 7. If there shall be authorized for construction pursuant to the Federal Reclamation Laws proj ects or units of projects Including lands lying within Butte Valley, all drainage water shall be returned to the Klamath River at a point above the town of Keno, Oregon, unless the Secretary of the Interior shall determine that this would sender the Irrigation and rec1 ima tion of lands within Butte Valley economically less feasible than un der an alternate plan of develop ment. In which event, upon con struction of such projects or units of projects, the drainage water from Project Land lying within Butte Valley shall be returned to the Klamath River at such point upstream from Copco Lake as shall be determined by the Secre tary of the Interior: Provided. That "if Copco makes . economic benefits available to such projects or units of projects by means of lowered power rates or otherwise, that will make it equally feasible, to the satisfaction of the Secretary of Uie Interior, to return the drain age water to a point in the Klam ath River above Keno. then the drainage water shall be returned to the Klamath River above Keno. Copco shall have the first right to develop, for power purposes, arain- feet the rights which Copco now has in the waters of Link River and Klamath River. 11. This contract shall become effective on the date of its approv al by the Public Utility Commis sioner of the State of Oregon or the Public Utilities Commission of the State of California whichever I shall occur later, and shall not be effective in any way until ap proved by both regulatory authori ties. WiCun thirty 130) days after the execution of this contract Cop co shall file applications with both regulatory authorities for orders authorizing Copco to carry out the terms thereof and shall prosecute the applications and any proceed ings on them diligently. If such orders are not issued and effec tive within nine (9) months aftei execution of this contract, uie United States may. within sixty (60) days, terminate this contract on thirty 130) days' notice to Copco. ' 12. This contract shall supersede and cancel the contract, including all amendments thereto, entered Into under date of 'February 24. 1917, by Copco and its predecessor company. California-Oregon Pow er Company, and the United Slates, upon the cffcc'.lve date hereof. 13. In connection with the per formance of work under this con tract, the contractor agrees not to discriminate against any employee or applicant for employment be cause of race, religion, color, or national origin. The aforesaid pro vision shall include, but not be limited to, the following: Employment, upgrading, demo tion, or transfer; recruitment or recruitment advertising: layoff or termination: rates of Pay or other forms of compensation; and selec- centage. brokerage, or contingent I (3) Energy will be supplied eith fee. Breach of thu warranty shall er single-phase or 3-phase at nom gie the United States the right ,inal voitagea consistent with those to annul the contract or, in its dis-i in effect elsewhere in the tern- age water removed by the United hj0n for training, including ap- States from Project Land lying within Butte Valley. 8. Nothing in this agreement shall be deemed to confer on the United States or upon any of its successors any right to the use of Klamath Water for the purpose of generating electric power. 9. Except for the water rights of Copco having a priority earlier than May 19, 1905, no Klamath Water shall be used by Copco when It may be needed or re quired by the Uni';d States for waterfowl conservation in the Up per Klamath River Basin" in the quantities In which it Is being used for that purpose as of the effec tive date of this contract. 10. The failure of Copco to com ply in the true Intent and meaning with any of the provisions of this agreement in regard to the opera tion and use of Link River Dam during the fifty (501 year period shall render this contract in re gard to said dam subject to can cellation by the Secretary of the Interior upon sixty (60) days' writ ten notice to Copco stating the cause for such proposed cancella tion and in case of failure or re fusal of Copco to comply with the provisions of this contract within the period allowed by the Secre tary of the Interior he may can cel this contract. After such can cellation Copco shall have no furth er rights in regard to the use of Link River Dam and its appurten ances, the operation and control of which shall Immediately pass to the United States, but such cancel lation shall in nowise curtail or af- prenticeship. The contractor agrees to post hereafter in conspic uous places, available for em ployees and applicants lor employ ment, notices to be provided by the contracting officer setting forth the provisions of the non - dis crimination clause. The contractor further agrees to insert the fore going provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials. 14. No Member of or Delegate to Congress, or Resident Commis sioner shall be admitted to any share or part of this contract or to anv benefit that may arise therefrom, but this provision shall not be construed to extend to this contract if made with a corpora tion for its general benefit. 15. This contract binds and In ures to the benefit of the parties hereto, their successors and as signs, including without limitation anv Water Users' Association or similar group which may succeed either by assignment or by opera tion of law to the rights of the United States hereunder. , 16. Copco warrants that It has not employed any person to solicit or secure this contract upon any agreement for a commission, per- creticn. to deduct from the con tract price or consideration the amount of such commission, per centage, brokerage, or contingent fee. This warranty shall not apply to commissioi.s payable by con tractors upon contracts or sales secured or made - through ' bona fide established ' commercial or selling agencies maintained by Copco for the purpose of securing business. 17. This contract shall be In ef fect for a period of fifty (601 years irom the effective date determined pursuant to article 11. IN WITNESS WHEREOF. the parlies hereto set their hands and the seal of Copco is hereto affixed. Exhibit "B" STATES OP CALIFORNIA AND OREGON SPECIAL GOVERNMENT POW ER RATE UNDER CONTRACT DATED BETWEEN UNITED STATES OF AMERICA AND THE CALI FORNIA OREGON POWER COM PANY AGRICULTURE POWER SERVICE RATE SCHEDULE "A" This rate schedule shall be ap plicable- only to pumping Klamath Water lor use on project Land and for drainage of Project Land. TERRITORY: Applicable to the Upper Klam ath River Basin. RATE: 0 6 cents per kwh ' ANNUAL MINIMUM CHARGE: The annual minimum charge is based on the name plate rating in horsepower of the maximum connected motor load at each in stallation during a calendar year. 100 HP. OR OVER: For lirst two years of service $10.45 per H.P. per calendar year After two years of service no charge 99 H.P. OR LESS: For lirst five years of service: First 25 H.P $6.00 per H.P. per calendar year. Next 74 H.P. $5.25 per H.P. per calendar year. Alter five vear3 of service: First 25 H.P. $3.00 per H.P. per cal endar year. Next 74 H.P. $2,624 per H.P. per calendar year. SPECIAL CONDITIONS: (1) Where 3-phase service Is re quired for Installation under 7-'i H.P., the annual minimum charge will be based on 7-"2 H.P. (2) Installations In service prior to the effective date of this con tract shall receive credit for the time service has been rendered under special power contracts en tered Into pursuant to the contract between the United States and Copco dated February 24. 1917, in meeting the time requirements used in determining annual mini mum charges. lory served by Copco, 4 Special contracts shall be executed for all installations un der this rate and all contracts shall have attached thereto a let ter from the Contracting Officer stating the proposed consumer is entitled to this rate. (5) For Installations of more than 7-' j H.P., Copco shall make all necessary line extensions at its own expense. (6 For installations of 7-'i H P.. or less, copco shall make neces sary line extensions in accordance with its established line extension policies as filed wltb the Stale regulatory authorities having jur isdiction, (7) The annual minimum charge is payable in consecutive monthly installments of 1-6 (one-sixth) of the annual minimum charge, be ginning the first month of opera lion until such time as the ac cumulated energy charges equal the annual minimum charge. DRAINAGE PUMPING: RATE SCHEDULE -B" This rate schedule shall be ap plicable only to the pumps operat ed by Uie United Slates, or its successors in interest, for the re moval of water from Tule Lake Sumps and Lower Klamath Lake Sumps and any drains leading thereto or therefrom and for power used to pump such drainage water tor the Irrigation ot me areas iy-, Ing within the beds of Tule Lake j and Loner Klumath Lake, all as shown on the map marked Exhibit "A". RATE: On-peak pumping eight (8:001 A.M. to eight 1 8 : 00 P.M. of each day except Saturdays, Sundays and legal holidays five (5) mills per kwh Off-peak pumping eight (8:00) P.M. to eight (8:00) A.M. of each day and during the 24-hour pe riod of Saturdays, Sundays and legal holidays three (3) miles per kwh If at any time Copco's commer cial rates for like service are low er than the rates specllled In Schedules "A" and "B" herein, the commercial rates shall prevail during such time. Liquor Case Action Asked SACRAMENTO (UP) An .at torney in the Edgar B. Hervey liquor license case yesterday asked the Department of Alcoholic Bev erage Control to dismiss a petition for reconsideration filed one behalf of Atty. Gen. Edmund O. Brown. A. T. Procopio, attorney for John Ralph and Rose Villano, said the attorney general'i latest brief for reopening Uie case contained no new points. Hervey, 1954 campaign manager for Gov. Goodwin J. Knight in San Diego County, is accused of being a secret owner of a liquor license on propertys occupied by the Villa-nos. Russell S. Munro. state liquor chief, recently dismissed the charge but Brown has petitioned that the case be reopened. Brown charge that Hervey was part or an unlaw ful conspiracy. "The prosecution of this matter. we believe, is conclusively shown to be a persecution." said Procopio YMCA Climbers Gain Top Of TWesen In First Of Annual Climbs Up Mountain Mount Thielsen 9,178 feet hlsh was conquered by eight climb ers of the Klamath Falls Young Men's Christian Association Sun day. Last 300 feet of the treacherous ascent was done with ropes. The parly was led by Pete Ar men assisted by Irma Lowe and Wayne Plaisted. Others in the party included Bill Cornell, YMCA program secretary: Doug Camp bell, Don Hoytal, Don White and Jerry Sawyer. The hike up the steep peak a distance of five miles each way will be an annual feature of the Y's summer program. It will be open to climbers of the ages of 14 and up. Prior to the ascent from Dia mond lake road 8t miles from here. Armen Instructed the group on precauiions to be taken. Three dimensional slides were taken during their hike. At the summit which Is a sharp peak on which only two persons can stand at one tune each mem ber of the party signed a book that was encased in a box. The hikers reported that large, birds believed to be hawka flew within feet of the hikers giv ing them a thrill and a "scare." The last perilous 300 feet also provided thrills for the group. Leaving Klamath Falls at 4 a.m. by motor vehicle they began their climb at 6 a.m., and returned to the base of the moun:4in at 1 p.m. Following their climb, swimming was enjoyed in Diamond Lake. They then toured Crater Lake Na tional Park and were back In Klamath Falls at 5 p.m. MclNTYRE TRAVEL SERVICE Your Exparitncad Agent WILLARD HOTEL Phene 3088 '55 CHEVROLET '1845 DUGAN & MEST 410 So. 6th Ph. 4113 KILLED CHICO (UP) Mrs. Gcoreo St Louis, 66, of Princeton, was killed yesterday when her automouue col lided with another on Highway 32, about two and. a half miles west of here. The driver of the other vehicle, Rov Uhl. a Ch.ro almond grower was Injured. Reports indicated Uhl nnA ,l.a hii.hu-.u ft-Am A side road and the collision! occurred. i BUY Direct.:.Factory to YOU! SAVE $50 20 111 M Li Nationally Advertised Foam Rubber Mattress Set 100 Pur Rubber Full 4'2 Inehei Thick Heaviest Rayon Damaik Tickinq 310 Coil Special Box i Sprinq Two Week Free Trial YR. GUARANTEE 149.50 Value 99 50 set Mattress only, 62.45 $10 DOWN Bol, on easy termt CARLSON 2405 S. 6th MATTRESS AND UPHOLSTERING CO. 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You'll know innUntJy hy thin thrilling glamour quern is ihe mont wantrt rar in all OMs history! It'a that periling new "Go-Ahrad" look! It' that dramatic "living color" styling! And uhal a smooih tram awaits thr ' loin h of your to . . . the commanding "Hoekri' 202 Kngine and Hyrlra-Matic Siprr Drive, always ready with a safely renrrve ot power. o rome in now find nut why August ii the hottest month of the year lo deal and the hottest car is QMsmohile! Op'toftoi t ire roif. OLDSMOBILE VISIT THE "ROCKET ROOM" ... AT YOUR OLDSMOBILE DEALER'SI Far C001 driving . . . f " AIR-CONDITIONED OLDSMOBILE I DICK B. MILLER CO., 7th and Klamath Phont 4103 ON TV TWICE A WEEK I OLDSMOBILE PRESENTS "THAT SINGING RAGE," MISS PATTI PAGE! - 245 East Main
