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

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2- f>. 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 he required, upon due notice from the Secretary nf 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 water-course hereby authorized shall not be completed, the owner shall, without expense to the United States, him! In -mil extent iiihI in such time and manner as. the Secretary of War may require, remove all or any pciiii"ii of the uncompleted structure or fill and restore to its former condition the navigable capacity of i In- wiitcrioiir-c. No rlaim shall be made against the United States on account of any such removal I.I allelnt loll. 7 That if the display of lights mid signals on any work hereby authorized is not otherwise provided for by law, such li'_'ht< anil signals as may be prescribed by the Bureau of Lighthouses, Department of ( 'oiiimercc, slnill be installed and maintained by and at the expense of the owner. v Thnl the permittee shall notify the said district engineer at what time the work will be eoni-nieiiecil, ami it- far in advance of the time of commencement as the said district engineer may specify, 11 lid -hall nl-o notify him promptly, in writing, of the commencement of work, suspension of work, if for ii |>ii i'il "l 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 prompt warnings of floods 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 made by the Imperial Irrigation District to dispense with the necessity for placing diversion dams in said river as early as practicable, and the said District shall report in detail to the District Engineer bi-monthly, while this authorization continues in foroe, what measures have been taken or are proposed for that purpose, and the progress made thereon. 12. That this instrument shall not be construed to abrogate, amend or affect in any manner whatsoever, the contract made with the Secretary of the Interior, in behalf of the United States, by the said Imperial Irrigation District, under date of October 23, 1918. 13. That if any damage to lands under the Jurisdiction of the Office of Indian iffairs, Department of Interior, is caused by the work hereby authorised, this instrument shall not be construed to affect the liability of the permittee for the satisfaction of such damage. 14. That this instrument shall be effective only when there is in full foroe and effect an agreement between the eaid permittee and the Yuma County Water Users' Association regarding the construction and maintenance of the said dam or weir, and also a bond in the penal sum of $100,000, satisfactory to the Secretary of the Interior, to reimburse the United States (on behalf of the Indiana and the Bureau of Reclamation), and the eaid association for any damage caused by the erection or maintenance of the said dam or weir to lands, work or property of the United States 2 or of menfcers of the said association. Witnk.ss my hand this___ 19 th __ day of _ August Witxkss my hand thi«___A/^ - (1«V of ----- August Lytle Brown, Major General, Chief oj Engineers. F. H. Payne, The Assistant Setretary of War.