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

page 17

/7 6. That if future operatu^s by the United States require an alteration m 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 be required, upon due notice from the Secretary of 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 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 water course. No claim shall be made against the United 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 for 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. 8. 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 shall also notify him promptly, in writing, of the commencement of work, suspension of work, if for a T>«rinrl nt mnrfl t.han one week, resumption of work, and its completion. 9. That adequate measure* 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, iy 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 far shall be made by the Imperial Irrigation District to dispense with the necessity for placing diversion dams in said river aa early as practicable, and the said District shall report in detail to the District Engineer bi-monthly, while this authorization continue* in force, 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 an 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 Affairs, Department of Interior, is caused by the work hereby authorised, thi* 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 force and effect an agreement between the said permittee and the Yuma County Water User*1 Association regarding the construction and maintenance of the said dam or weir, and also a bond in the penal sun of $500,000, satisfactory to the Secretary of the Interior, to reimburse the United States (on behalf of the Indian* and the Bureau of Reclamation), and the said association for any damage caused by the erection or maintenance of the said dam or weir to I****, work or property of the United States or of members of the said association. Witness my hand this-22a&----day of----------June----------, 102 aV' , t ,yJik^ fa^l O&X flCj Brigadier General, Acting Chief of Engineers. Witness my hand this-- &M~*' ---day of June , 192* Secretary of War.