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Show 117 of the waters of the United States.238 Also made unlawful is the building or commencing of building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structure in any navigable waters of the United States, outside estab- lished harbor lines, or where no harbor lines have been estab- lished, except on plans recommended by the Chief of Engi- neers and authorized by the Secretary.239 So also as to any alteration of the course, location, condition, or capacity of any port, roadstead, haven, harbor, canal, lake, harbor of refuge or enclosure within the limits of any breakwater, or of the chan- nel of any navigable water of the United States.240 Authority is also provided for the Secretary, where he deems it essential to the preservation and protection of harbors, to cause harbor lines to be established, beyond which no piers, wharves, bulk- heads, or other works may be extended or deposits made, except under such regulations as he may prescribe.241 Right to Prohibit Diversion of Water.-It is important to note the breadth of the foregoing prohibition in the 1899 Act against the creation of unauthorized obstructions to the navi- gable capacity of navigable waters of the United States.242 In upholding the right of the United States, under a similar 1890 legislative prohibition, to enjoin a proposed irrigation diversion in the nonnavigable upper reaches of a navigable stream, the Supreme Court in 1899 said: *** It is not a prohibition of any obstruction to the naviga- tion, but any obstruction to the navigable capacity, and anything, wherever done or however done, within the limits of the jurisdiction of the United States which tends to destroy the navigable capacity of one of the navigable waters of the United States, is within the terms of the prohibition. 288 Act of March 3,1899, § 10, 30 Stat. 1121,1151, 33 U. S. C. 403. 838 Id. 240 Id. 441 § 11, 30 Stat. 1151, 33 U. S. C. 404. 241 § 10, 30 Stat. 1151, 33 U. S. C. 403. ™*Zrnited States v. Rio Grande Irrigation Co., 174 U. S. 690, 708 (1899). See Act of September 19,1890, § 10, 26 Stat. 426,454. |
