OCR Text |
Show 120 terns.254 Except where permitted under the Act, hydraulic mining directly or indirectly injuring navigability is made unlawful.255 The Commission has the duty to mature and adopt plans, from such examinations and surveys as it may deem necessary, as will improve the navigability of all rivers comprising the systems, deepen their channels, and protect their banks. Such plans must be matured "with a view of making the same effec- tive as against the encroachment of and damage from debris resulting from mining operations, natural erosion, or other causes, with a view of restoring, as near as practicable and the necessities of commerce and navigation demand, the naviga- bility of said rivers to the condition existing" in 1860, and permitting hydraulic mining without injury to navigabilty.256 The Act provides for construction by the Commission of certain restraining works, for a system of permits for hydraulic mining operations, and for payment by the operators for "each cubic yard mined from the natural bank a tax equal to the total capital cost of the dam, reservoir, and rights-of-way divided by the total capacity of the reservoir for the restraint of debris."257 Vessels.-In addition to providing against other impedi- ments to navigation, the aforementioned 1899 statute makes it unlawful to tie up or anchor vessels or other craft in navi- gable channels in such a manner as to obstruct passage of other craft.258 Vessels sunk in navigable channels must be marked by the owners and diligently removed.259 254 Act of March 1, 1893, § 3, 27 Stat. 507, 33 U. S. C. 663. By and with the advice and consent of the Senate, the President appoints the three Commis- sion members from officers of the Army Engineers. It functions under the supervision of the Chief of Engineers and the direction of the Secretary. Act of March 1,1893, § 1, 27 Stat. 507, 33 U. S. C. 661. 265 § 3, 27 Stat. 507, as amended, 33 U. S. C. 663. 268 § 4, 27 Stat. 507, as amended, 33 U. S. C. 664. 257 § 23, 27 Stat. 510, 33 U. S. C. 683. 258 Act of March 3, 1899, § 15, 30 Stat. 1121, 1152, 33 U. S. C. 409. 259 Id. If sunken vessels are not marked by their owners, the Commandant of the Coast Guard at the expense of the owners marks them for the protec- tion of navigation, until they are abandoned, at which time the Secretary of the Army takes over the marking duties. R. S. § 4676, from Res. of March 2, 1868, No. 16, § 1, 15 Stat. 249, as amended, 33 U. S. C. 736. |