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Show WAR DEPARTMENT Sote.- It Is to be understood that this instrument does not give any property right* either in ml estate or material, or any exclusive privileges; and that It does not authorise any injury to private property or InvaM of private rights, or any infringement of Federal, State, or local laws or refutations, nor does It obviate the net idcE of obtaining State assent to the work authorised. It merely expresses the assent or the Federal Government ffrS as concerns the public rights of nAVigATion. (See OwWwy x. Chioofo, 188 U. 8., 410.) 5531 PERMIT Whereas, By Section 10 of an Act of Congress, approved March 3, 1899, entitled " Aft 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 at lawful to build or comiflfaqr; 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 exca vate 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 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; And whereas, Application has been made to the Secretary of W «r by tfcs)------ IRRIGATION DISTRICT. of for authority to repair and rebuild Its temporary diversion dam or weir (originally constructed under authorilty of War Department permit dated Mknary 14* 191Tj^ looit«4 la turn Colorado RLwmr at or M«r *alOB*s BMalUg, md to ¦aUtaim •»££ ¦tfMtaro vitll JMj U !«*•----------------------------------------------- accord ing to plans hpreto attached; Now, tiikkkfore, This is to certify that the said plans and work sire recommended by the Chief of Kiifrineers and ;trp authorize<l by the Secretary of War under the provisions of the aforesaid statute, ujxm the following conditions: I, Thai 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 teni]mrari]y suspend the work at any time if, in bis judgment, the interests of navigation so require. ii. That any material dredged in the prosecution of the work herein authorized shall be removed evenly, and no large refuse piles, ridges across the bed of the waterway, or deep holes that may have a tendency to cause injury to navigable channels or to the banks of the waterway shall be left. If any pipe, wire, or cable hereby authorized is laid in a trench, the formation of permanent ridges across the bed of the waterway shall be avoided and the back filling shall be so done as not to increase the cost of future dredging ft* navigation. Any material to be deposited or dum]>ed 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 us will prevent escape of the material into the waterway. If the material is to Ik- deposited in the harbor of New York, or in its adjacent or tributary waters, or in Long Island Sound, a permit therefor must be previously obtained from the Supervisor of New York Harbor. Army Building, New York City. .'$. That there shall be no unreasonable interference with navigation by the work herein authorized. 4. That if inspections or any other operations by the United States are necessary in the interests of navigation, all exjienses connected therewith shall be borne by the permittee. 5. That no attempt shall be made by the permittee or the owner to forbid the full and free use by the public of all navigable waters at or adjacent to the work or structure. |
