OCR Text |
Show WAR DEPARTMENT j ,„...... Xfcrr. It is to be- understood that this instrument does not give any property rights either 'ffiL 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 deviate the necessity of obtaining state assent to the work authorized. It merely expresses the assent ok the Federal Government >i i \u \^ concerns tiik PubLic RighTs ok NavigATioN. (See I Hwmiii'iH v. i:hicu<>o. 1S8 I'. S.. 410.|| "" -- 553 PERMIT / By Section 19 of an act of Congress approved March :}, IH'M), 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 port, roadstead, haven, harbor. canal, navigable river, or other water of the Fluted States, outside established harbor lines, or where no harbor lines have been established, except on plans recommended bv the Chief of Engineers and authorized by the Secretary of War: and it shall not be lawful to exca-\;iii- or till. or in any manner to alter or modify the course. location, condition or capacity of any port. roadstead, haven, harbor, canal, hike, harbor of refuse, 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 War- by the------------------------------- -I!:" :.'vI..L I -..d > "I*.:] Jl. .JJT, of California for authority to v*i ir :ii -¦¦ build its temporary River ouci or '• ir (originally ¦j ,'i'a:*.ed anier authority of War Department permit dated .February I4, 1^17;» iuT'ci in *i.~- Colorado 10 Aver ••' ur near .iunlon's HetAiin.-^, > and to maintain said ..*.pjk '¦' -n*<- Afl* I .'aiv i, 1C|. u< according to plans, hereto ;attached; Now therefore, This is to certify that the said plans and work are reconmended by the Chief of Engineers and •are • authorized by the Secretary of W;' r under the provisions of the aforesaid statute. upon the following conditions: I. That the work shall be subject to the supervision and approval of tint District Engineer. Engi-neer Department at Large. in charge of the locality, who may temporarily suspend the. work at any : 111 if. if. in his judgment. the interests of navigation so require. •J. That any material dredged ill the1 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 w aterway 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 dred^injr for n 1 \ iiration Any material to be dcpo>iied or dumped under this authorization, either in the »aft-run", nr ..11 -bore abo\e hitrli '.Miter mark, -hall be deposited oi- duni|)ed at the locality shown 1.11 the .I'.iwmir heivto uttaclied. and. if mi prescribed thereon, within or U'hind a jtimhI and substantial biilkhi-ail or biilliheads. siii'li ;i>will pre\eiit e-ca|)c of the material into the waterway. '¦'1. That there shall Ik1 no unreasonable interference with navigation by the work herein authorized. I That if m>prctioiis or anv other operations by the I'nitecl State- are necessary in the inU'rests of n i\ il_':ilioii. all expenses connects.I therewith shijll be borne by tlie pei-mitU'e. :». I |,al no ;i(teinpt -hall be in:ide hv the peiniittee oi- die nv, ner III forbid the full tind five use by the public of all na\ iirable ¦aiIi-i^ it or niljaicnt to the w ork or st ruetiire. |
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Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : California exhibits. |