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

page 12

(>. 'Flint if future operations by the Unitoil States require an alteration in the position of the structure nr 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 tiller the structural work or obstructions caused thereby witliout expense to the United States, so as to render navigation reasonably free, easy, and unobstructed; and if, upon the expiration <.r 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 <>( the water course. No claim shall be made against the United States on account of any such removal "i alteration. 7. That if the display of lights and signals on any work hereby authorized is not otherwise provided fur by law, such lights and signals as may be prescribed by the Bureau of Lighthouses, Department of commerce shall be installed and maintained by and at the expense of the owner. .v 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 -hall 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. 9. That adequate measures satisfactory to the District Engineer shall be taken by the permittee for furnishing him front warnings of flood and for maintaining at the site of the said structure material and equipment sufficient for its prompt removal. 10. That said structure shall be destroyed, In whole or in part, immediately upon notice so to do from the District Engineer in person, or his representative, to any agent of the Imperial Irrigation District, whenever such action, in the opinion of the District Engineer, is necessary and advisable to prevent or relieve flood damage. 11. That arrangements satisfactory to the Secretary of War shall be n&de by the Imperial Irrigation District to dispense with the necessity for placing diversion dans in said river as early as practicable, and ths said District shall report in detail to the District Engineer bi-monthly, while this authorization continues in force, what measures have been taicen or are proposed for that purpose, and the progress made thereon* 12. That this instrument shall not bo construed to abrogate, anend or affect in any manner whatsoever, the contract mafia ,with the Secretary of the interior, in behalf of the United States, by the said Imperial Irrigation District, undar date of October 23, 1918. 13. 'j^iat if any damage to lands under the Jurisdiction of the Office of Indian Affairs, Department of Interior, is caused by the work hereby authorised, thii instrument shall not be construed to affect the liability of the pemiUee for the satisfaction of such damage. 14. That this instrument shall be effective only when th9re is in Tall force and effact an agreement between the said permittee anJ the Yuei£. County Water Users' #«8ociation regarding the construction and muinter.ar.oe of the said dan or weir, and also a bond in the penal sum of $500,000, satisfactory to the Secretary of the Interior, to reimburse the United States (on behilf of t,he Indians and the Bureau of Reclamation], and the said association for any danuge c?aus<H by the erection or maintenance of the said dan or \reir to lands, -vor:< or rroierty of the United States or of members of the said association. \i. 2, pillsbury, ' 3rigadier •Jeneral/ lg Chief of Engineers.