Page:United States Statutes at Large Volume 25.djvu/491

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FIFTIETH CONGRESS. Sess. I. Ch. 900. 1888. 445 prescribed by the regulations that may be made by the Secretary of the Treasury of the United States in conformity with the laws of the United States; and for that urpose they may construct, in the river, and likewise in the Gulf ofp Mexico, such walls, jetties, Jetties. etc. dikes. levees, and other structures, and employ such boats, rafts, and appliances as they may, in the prosecution of said work, deem necessary: Provided, That no such structures or means employed shall *"‘°”$°8· hinder, delay, or materially interfere with the free navigation in FM ¤*Wi·*<¤¤¤¤ ¤<> said river or between said river and the Gulf of Mexico; and, to pro- M m°imm°d' tect their said works, they may build and maintain such levees or embankments as may be necessary to secure their permanency along the banks of said Brazos River: and said Brazos River Channel and Dock Company shall hold the United States harmless from any dam- Damages. ages that may accrue to any person or ersons by overflow or otherwise caused by the construction of said walls, jetties, dikes, levees, and other works constructed by said company: Provided further, · That unless the construction of the proposed work shall be substantially commenced within one year from date of the approval of this 0°¤¤¤•=¤¢¢¤¤¤¢- act, and prosecuted with due diligence, the provisions contained herein in relation to the said improvement shall be null and void; and unless the said Brazos River Channel and Dock Company shall secure a navigable depth of twelve feet of water from a point in the river so far as may e necessary to reach a place that will afford security from storms, swells, cyclones, and tidal waves, above its mouth and extending from said point to a depth of twelve feet in cgddietgwtfowwthe Gulf of Mexico, outside of the present bar, within three years m°y°m` after the date of the approval of this act, Congress may revoke the privileges herein granted in relation to said improvement. And ongress may revoke the provisions herein granted in relation to said improvement, unless the said Brazos River Channel and Dock Com ny shall, after securing twelve feet of water, secure an addi- Fmhcf d¢=v¤¤· tionzda depth of not less than two feet during each succeeding year thereafter; until eighteen feet shall have been secured; and in case said Brazos River Channel and Dock Company shall fail to comply with the foregoing conditions as to depth of water, and time, for any period of twelve months in excess of the time fixed, as aforesaid, then the rivile es herein granted, in relation to said improvements shall absdlutelylecome null and void without action by Congress. Sec. 2. That the works of improvement in the said Brazos River. 0<>¤s¤r¤•=¤¤¤. from the mouth of said river to the point described in section one of this act, shall consist of the construction of dikes, wing-dams, levees, embankments, and dredgin or other means which maybe considered by said Brazos River Channel and Dock Company necessary for obtaining a depth of eighteen feet of water between the mouth of said river and said oint described in section one of this act: and that the said Brazos giver Channel and Dock Company may, if they shall decide it best for the interests of navigation, change the course of said river at the sharp bend in said river between the mouth of said river and the said point described in section one of this act. but in makin such change the channel shall be made of sufficient depth and widtll to receive the volume of said river without disturbance of its regimen. _ _ _ _ _ _ Sec. 3. That if at any time during the construction of said Jetties tggmvemmenr and auxiliary works, or after said jetties and auxiliary works shall ` have been completed, and said channel of eighteen feet in depth has been obtained, the United States shall have the right to pay the said Brazos River Channel and Dock Company the value of their jetties and other works constructed under and by the authority granted to said company by the State of Texas as well as by the authority of this act, and on such pavment being made by the United States all right to said franchises and works on the part of said Brazos River Cgannel and Dock Company shall cease.