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

page 22

11. That if future operatins by the United States require an alteration iK one 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 be required, upon due notice from the Secretary of War. t<> remove or alter the- structural work or obstruct ions 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 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 of the- watercourse. No claim shall be made against the Tinted States on account of any such removal or alteration. 7. That if the display of lights and signals on any work hereby authorized is not otherwise provided lor by law. such lights and signals as may be prescribed by the Bureau of Lighthouses. Department of Commerce. shall be in-tailed and maintained by and at the expense of the owner. \ That the permittee shall notify the snid district engineer at what time the work will be com-menced and as- far in advance of the time of commencement as the said district engineer may specify, and shall also notify him promptly ill writing. of the- commencement of work, suspension of work. if for a period of more than one week, resumption of work, and it- 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 amintalniiig at tha sita of tha said strootiara aatarial and •quipoant suafiolent for its proapt r«aoval« 10* Chat aald strootur* shall be dastroyad, in whol« or in part, lnatdiattly upon aotioa w to do from th« Sistriot Sagiaaar in parson, or his representative, to any agent of the Imperial Irrigation District* Aensver sooh aotioa, in the opinion of the District Sngineer, is neoessarjr and advisable to prevent or relieve flood daaaae. 11. That arrangements satisfactory to tha Secretary of far shall be made by tha Imperial Irrigation Siatriot to dispense with the necessity for placing diversion dams In aaid river as early as practicable, and tha said Distriot shall report la detail to tha Distriot Engineer bi-monthly, while thia authorisation continues la foroa, what measures have been taken or are proposed for that pnrposa, and tha progress made thereon. 12. That thia instrument shall not be construed to abrogate, amend or affect in any manner whatsoever, tha contract made with the Secretary of tha Interior, in behalf of the United States, by tha aaid Imperial Irrigation Distriot, under data of Ootober 23, 1918. 18* Chat if any damage to lands under the Jurisdiction of the Offloa of Indian Affairs, Department of tha Interior, is caused by tha work hereby authorised, this Instrument shall not be construed to affaot tha liability of tha permittee for tha satisfaction of such damage. 14* That this instrument ahall be effective only when there is in full foroa and affaot an agreement between the said permittee and tha lama County Water Users' Association regarding tha construction and maintenance of tha aaid dam or wair, and also a bond in tha penal sum of $500,000, satisfactory to the Secretary of the Interior, to reimburse tha United Stataa (on behalf of tha Indiana and the Bureau of Beolsaaation), and tha aaid association for any daaaga oauaad by the araotlon or maintenance of the aaid dam or wair to lands, work or property of tha United Stataa or of members of tha aaid association. Herbert Dealcyne, // Brigaaier Oeneral, AOtlng Chief of Engineers. Secretary of War. ACTING