§ 500. — Deflection of current; liability to riparian owners.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC500]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 11--BRIDGES OVER NAVIGABLE WATERS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 500. Deflection of current; liability to riparian owners
Whenever complaint shall be made to the Secretary of the Army that
by reason of the placing in any navigable waters of the United States of
any bridge pier or abutment, the current of such waters has been so
deflected from its natural course as to cause by producing caving of
banks or otherwise serious damage or danger to property, it shall be his
duty to make inquiry, and if it shall be ascertained that the complaint
is well founded, he shall cause the owners or persons operating such
bridge to repair such damage or prevent such danger to property by such
means as he shall indicate and within such time as he may name, and in
default thereof the owners or persons operating such bridge shall be
liable in any court of competent jurisdiction to the persons injured in
a sum double the amount of said injury: Provided, however, That nothing
herein contained shall be construed so as to affect any rights of action
which may have existed prior to August 11, 1888.
(Aug. 11, 1888, ch. 860, Sec. 2, 25 Stat. 423; July 26, 1947, ch. 343,
title II, Sec. 205(a), 61 Stat 501.)
Codification
Section was from the River and Harbor Appropriation Act of 1888.
Change of Name
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ``Title 10,
Armed Forces'' which in sections 3010 to 3013 continued Department of
the Army under administrative supervision of Secretary of the Army.
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other
offices and officers of Department of the Army under sections 491 to 498
of this title to extent that they relate generally to location and
clearances of bridges and causeways in navigable waters of United States
transferred to and vested in Secretary of Transportation by Pub. L. 89-
670, Sec. 6(g)(6)(B), Oct. 15, 1966, 80 Stat. 931. Pub. L. 97-449
amended sections 491 to 498 of this title to reflect transfer made by
section 6(g)(6)(B) of Pub. L. 89-670, and repealed section 6(g)(6)(B).
