Page:United States Statutes at Large Volume 34 Part 1.djvu/215

 FIFTY-NINTH CONGRESS. Sess. I. Cns. 2438, 2439. 1906. 185 Sec. 5. That the provisions of this Act shall in no manner interfere f *;**3* rights 110* *1* with or impair the rights of any person, company, or corporation cc c ' heretofore authorized by Congress to erect a dam or other structures for the development of water power on the Coosa River. Sec. 6. That the right to alter, amend, or repeal this Act is expressly A¤1€11*11110¤t- reserved. _ Approved, May 9, 1906. CHAP. 2439.-An Act For the diversionof water from the Sacramento River, in May 9, 1906. the State of California, for irrigation purposes. _ [H- R· 1Q0L __ Be it enacted by the Senate and House of Representatives of the United [Public, N0. lm`] States of America in Congress assembled, That the Central Canal and C§¤01‘=1¤1¤¤¤¤ Rivet Irrigation Company, a corporation organized and existing under the `bémpn cam me laws of the State of California, and its successors, are hereby granted m§§“ ,€§{§,1;“{,‘{ the right to divert, at all seasons of the year, from the Sacramento 101 1¤‘1H¤11¤z= pur; River, in the State of California, while and so long as such diversion wm` shall not seriously injure the navigation of said river, an amount of water which, at a stage of said river of two feet above low water, as determined by the United States engineer in charge of the improvement of said river, or at any lower stage, shall not exceed nine hundred W£g"*°*°d 11*10 0* cubic feet per second, to be used for irrigating the lands of the Sacra— ` mento Valley, on the west side of the Sacramento River, in said State of California. Said water to be diverted from the said Sacramento ’·°°““°“ 0*1**011*- River on its west bank, between the points on said river known as Swifts Point and Squaw Hill, and the said Central Canal and Irrigation Company is hereby granted the right to erect the necessary works to eifectively divert the said water: Provided, That the company shall $$ ,0, mgm provide suitable structures for regulating the flow of water from the lvpinz flow of water. river into their canals and suitable apparatus for measuring the amount ° °` of water taken from the river, and that such structures and apparatus shall be at all times subject to inspection, test, and use by officers ’ or agents of the War Department: And provided further, That the ,0*§’,$,§°,,§"Q,§p,{‘,§._ {gf company shall submit for approval of the Chief of Engineers and the Secretary of War plans of its proposed structures for diverting and measuring the water, and until suc amval is given the structures shall not be begun: And provided jitrt, Thatt e diversion of water i_1’~·¤£L¤y jg; efxccsfrom the river in excess of the quantity herein authorized to be tc: °”° W"` diverted shall be deemed a violation of section ten of the river and harbor Act of March third, eighteen hundred and ninety-nine, and V0r 3*1 P- 1151- shall subject the company to the penalties prescribed by law for violations of the provisions of said section, and the removal of any strnctures erected by said com ny may be enforced as provided in section twelve of the said Act: .*5;-i1fproz·zded_fi¢rtbw·, That if, in thejud ent g_1;;glj¤¤¤¤¤ ¢<> mviof the Secretary of War, the amount of water actually divertedggliall ` seriously injure the navigation of the river, the suspension of operations by the said company may be temporarily ordered and enforced by the Secretary of War in such manner and to the extent as may be necessary to preserve the re uirements of navigation until such time that the circuit court of the Ilnited States for the northern district of California, upon application of any interested party, shall determine the rights as provided by this Act; and all rights granted herein and mx100m 0* ¤¤’¤<=· the removal of any of the structures OP parts of structures erected vm. eo. p. 1151. under the rovisidns hereof may be enforced as provided in section twelve of the river and harbor Act approved on the third day of March, _ eighteen hundred and ninety-nine, exccgt that suit for any of the 1’¤>0°°<1111S¤- pur ses herein named may be institute by the district attorney of the gihited States for the northern district of California upon request