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Show /* WAR DEPARTMENT Note.-It is to be understood that this instrument does not give any property righto 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 merely expresses the assent of the Federal Government so far as concerns the public RiOHTs of NAVIGATION. (See Cummings v. Chicago, 188 U. S., 410.) permit FILE No. , 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 p<nt, 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, madsteud, haven, harbor, canal, lake, harbor of refuge, or inclosure 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; I^ And whereas, Application has been made to the Secretary of War by the fV -tvmia. miamtm mmiM. rf for authority to repair and rebuild ite temporary diversion dam or weir (originally constructed under authority of War Department permit dated Tebruarj 14, 1917)] located in the Colorado River at or near Hanion•• Heading, and to maintain *t&i structure until July 1, Torning to plans hereto attached; Now therefore, This is to certify that the said plans and work are recommended by the Chief of Engineers and are authorized by the Secretary of War under the provisions of the aforesaid statute, upon the following conditions: 1. Tliat the work shall be subject to the supervision and approval of the District Engineer, Engineer Department at Large, in charge of the locality, who may temporarily suspend the work at any time, if, in his judgment, the interests of navigation so require. 2. That any material dredged in the prosecution of the work herein authorized shall be removed evenly, uImI no large refuse piles, ridges across the bed of the waterway or deep holes that may have a tendency localise injury to navigable channels or to the banks of the waterway shall be loft. If any pipe, wire, or cable hereby authorized is laid in a trench, the formation of permanent ridges across the bed of tlie Waterway shall be avoided and the back filling shall be so done as not to increase the cost of future dredging for navigation. Any material to bo deposited or dumped under this authorization, either in the waterway or on shore above high-water mark shall be deposited or dumped at the locality shown on the drawing hereto attached, and, if so prescribed thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. If fchi) miiti'rial w tn hi) ili'ponitud in t lir ltarhwr wf Nrfr Ywflt, er in ito odjooont »* fihutapy watom, or in Lon ^-u^_ a -, Huihliu-., Ni» Ymli tJil.K :S. That there shull be no unreasonable interference with navigation by the work herein authorized. 4. That if inspections or any other operations by tlie United States are necessary in the interests of navigation, nil expenses connected therewith shall be borne by the permittee. 5. That no attempt shall be made by tlie permittee or the owner to forbid the full and free use by tlie publir of nil navigable waters at or adjacent to the work or structure. |
