AZ vs. CA:08 California Exhibits, Vol. VIII; Nos. 371-398F

page 42

4*- 6. That if future operations by the United States require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Secretary of War, it shall cause unreasonable obstruction to the free navigation of said water, the owner will be required, upon due notice from the Secretary of War, to remove or alter the structural work or obstructions caused thereby without expense to the United States, so as to render navigation reasonably free, easy, and unobstructed: and if. upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owner shall, without expense to the United States, and to such extent and in such time and manner as the Secretary of War may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable capacity of the watercourse. No claim shall be made against the United States on account of any such removal or alteration. 7. That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be prescribed by the Bureau of Lighthouse-:. Department of Commerce, shall be installed and maintained by and at the expense of the owner. 8. That the permittee shall notify the said district engineer at what time the work will be commenced, and as far in advance of the time of commencement as the said district engineer may specify, and shall also notify him promptly, in writing, of the commencement of work, suspension of work, if for a period of more than one week, resumption of work, and its completion. •j. That adequate measures satisfactory to the District Engineer shall be taken by the permittee for furnishing him prompt warnings of floods and for maintaining at the site of the said structure material and equipment sufficient for its prompt removal. lu. That said structure snail be destroyed, in whole or in part, immediate -upon notice so to do from tue District Engineer in person, or nis representative to any agent of the Imperial Irrigation District, whenever such action in the opinion of the District Engineer, is necessary ana advisable to prevent or relieve flood damage. 11. That arrangements satisfactory to tha Secretary of War shall be made by the said Imperial Irrigation District to dispense with the necessity for placinp diversion dams in said river as e::rly as practicable, and the said Distriot shall report in detail to the District Engineer Di-raonthly, v.-dle t.-ds autrerisa-tion continues in force, what measures nave been te^en or are proposed for tnst purpose, a-'d the progress made tnorton. 12. That this instrument shall not be construe to aorogate, arnend or affect in any manner vmatsoever, the contract cede with the Secretary of the Interior in of^ctoberT TT State3f by V'M 3ald ImPerial Irrigation District, under date H. That if any damage to lands und*r Urn jurisdiction of tne Office of Indian A:fairs, Department of tue Interior, is caused by t.'« worit nereby authorize tnis instrument shall not be construed to affect the liability of the permittee for the satisfaction o: such damage. Witness bit hand this------2/th - day of_______ June_________19'JA Wits km* my hand tlii>------£>& ----day of---------June Form No. SHjli. ^ ,/ W. !>., (i.e. o( K.-K<l.ji» 1KB.