The permit issued by the Secretary of War, a copy of which is enclosed,
was made public on March 7, 1925.
[Enclosure]
Permit Issued by the War
Department to the Sanitary District
of Chicago
Whereas, By Section 10 of an Act of
Congress, approved March 3, 1899, entitled “An Act making
appropriations for the construction, repair, and preservation of
certain public works on rivers and harbors, and for other purposes,”
it is provided that it shall not be lawful to build or commence the
building of any wharf, pier, dolphin, boom, weir, breakwater,
bulkhead, jetty, or other structures in any part, roadstead, haven,
harbor, canal, navigable river, or other water of the United States,
outside established harbor lines, or where no harbor lines have been
established, except on plans recommended by the Chief of Engineers
and authorized by the Secretary of War; and it shall not be lawful
to excavate or fill, or in any manner to alter or modify the course,
location, condition or capacity of any port, roadstead, haven,
harbor, canal, lake, harbor of refuge, or in-closure within the
limits of any breakwater, or of the channel of any navigable water
of the United States, unless the work has been recommended by the
Chief of Engineers and authorized by the Secretary of War prior to
beginning the same;
[Page 562]
And whereas, Application has been made to
the Secretary of War by the Sanitary District of Chicago, Illinois,
for authority to divert an annual average of 10,000 cubic feet of
water per second from Lake Michigan through the channels of said
Sanitary District;
And whereas, In the judgment of the
Secretary of War, an annual average diversion of more than 8,500
cubic feet per second should not now be permitted;
Now therefore, this is to certify that,
upon the recommendation of the Chief of Engineers, the Secretary of
War, under the provisions of the aforesaid statute, hereby
authorizes the said Sanitary District of Chicago to divert from Lake
Michigan, through its main drainage canal and auxiliary channels, an
amount of water not to exceed an annual average of 8,500 cubic feet
per second, the instantaneous maximum not to exceed 11,000 cubic
feet per second, upon the following conditions:
- 1.
- That there shall be no unreasonable interference with
navigation by the work herein authorized.
- 2.
- That if inspections or any other operations by the United
States are necessary in the interests of navigation, all
expenses connected therewith shall be borne by the
permittee.
- 3.
- That no attempt shall be made by the permittee or the
owner to forbid the full and free use by the public of any
navigable waters of the United States.
- 4.
- That the Sanitary District of Chicago shall carry out a
program of sewage treatment by artificial processes which
will provide the equivalent of the complete (100%) treatment
of the sewage of a human population of at least 1,200,000
before the expiration of the permit.
- 5.
- That the Sanitary District shall pay its share of the cost
of regulating or compensating works to restore the levels or
compensate for the lowering of the Great Lakes system, if
and when constructed, and post a guarantee in the way of a
bond or certified check in the amount of $1,000,000 as an
evidence of its good faith in this matter.
- 6.
- That the Sanitary District shall submit for the approval
of the Chief of Engineers and the Secretary of War plans for
controlling works to prevent the discharge of the Chicago
River into Lake Michigan in times of heavy storms. These
works shall be constructed, in accordance with the approved
plans and shall be completed and ready for operation by July
1, 1929.
- 7.
- That the execution of the sewage treatment program and the
diversion of water from Lake Michigan shall be under the
supervision of the U. S. District Engineer at Chicago, and
the diversion of water from Lake Michigan shall be under his
direct control in times of flood on the Illinois and Des
Plaines Rivers.
- 8.
- That if, within six months after the issuance of this
permit, the City of Chicago does not adopt a program for
metering at least ninety per cent of its water service and
provide for the execution of said program at the average
rate of ten per cent per annum, thereafter, this permit may
be revoked without notice.
- 9.
- That if, in the judgment of the Chief of Engineers and the
Secretary of War, sufficient progress has not been made by
the end of each calendar year in the program of sewage
treatment prescribed herein so as to insure full compliance
with the provisions of condition 4, this permit may be
revoked without notice.
- 10.
- That this permit is revocable at the will of the Secretary
of War, and is subject to such action as may be taken by
Congress.
- 11.
- That this permit, if not previously revoked or
specifically extended, shall cease and be null and void on
December 31, 1929.
Witness my
hand this 3rd day
of March, 1925.
H. Taylor
Major General, Chief of Engineers
Witness my hand this 3rd day of March,
1925.
John W.
Weeks
Secretary of
War
