AZ vs. CA:04 California Exhibits, Vol. IV; Nos. 151-192

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CALIFORNIA DEFENDANTS Exhibit' No... JJ6SJ. Identification: ..MAY..R....1957 Admitted: MAY .8.....1957 PERMIT Whereas, By Section 10 of an act of Congress, approved March 3, 1899, entitled "An. act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes," it is provided that it shall not be lawful to build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal navigable river, or other water of the United States, outside established harbor lines, or where no harbor lines have been established, except on plans recommended by the Chief of Engineers and authorized by the Secretary of War; and it shall not be lawful to excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor of refuge, or in-closure within the limits of any breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of War prior to beginning the same; And whf.rf.as, Application has been made to the Secretary of War by the IMPERIAL for authority to construct a temporary diversion daa rorc«« the _Colorado River. immediately below the intake of Its canal at Hanlons Heading, Arizona. for the purpose of raising the low water stage of the river sufficiently to supply the canal during the coming season which work has been recommended by the Chief of Engineers_____ the plans for which have been recommended by thec Chief of Engineers; Now therefore, This is to certify that the Secretary of War hereby authorizes the said work of constructing a temporary diversion dam ur«w tte Coiarado Klrtr at th» nolat Udloat«a on Urn kttaoted mp m "Altonute location of twnoittiy iiyAraaltt-flllad «*¦ r«qair*<l to b« oon»tmot»d In July, 1918." ana noiwl to tlw bwks of Um rlT«r, lipon the following conditions: 1. That it is to be understood that tliis authority does not give any property rights either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to private property or invasion of private rights, or any infringement of Federal, State, or local laws or regulations, nor does it obviate the necessity of obtaining State assent to the work authorized. It UUBOX kxpressks the arsf.xt of THE FEDFJUr. GOVF.RXMF.XT 80 KAH AS COXCKKXS THF. Pl'llI.IC RIGHTS OF NAVIGATION. (See Cummings r. Chicago, 188 U. S., 410.) 2. That the work shall be subject to the supervision and approval of the Engineer Officer of the United States Army in charge of the locality, who may temporarily suspend the work at any time if, in his judgment, the interests of navigation so require. 3. That if any pipe, wire, or cable is herein authorized, it shall be placed and maintained with a clearance not less than that shown by the profile on the plan attached hereto. 4. That so far as any material is dredged in the prosecution of the work herein authorized it shall be removed evenly, and no large refuse piles shall be left. It shall be deposited to the satisfaction of the said engineer officer and in accordance with his prior permission or instructions, either on shore above high water or at such dumping ground as may be designated by him, and where he may so require, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway; and so far as the pipe, wire, or cable is laid in a trench, the formation of permanent ridges across the bed of the waterway shall be