United States. Inland Waterways Commission.

Preliminary report of the Inland Waterways Commission. Message from the President transmitting a preliminary report online

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cheaper means of internal communication. If we would assure our
imperiled position in the markets of the world, re-instate our credit
abroad, restore confidence and prosperity at home, and provide for a
return to specie payment, let us develop our unequaled resources
and stimulate our industries by a judicious system of internal im-
provements.

A reference to the expenditures of our Government since the adop-
tion of the Constitution will show that in some matters we have been
sufficiently liberal, but in appropriations for the benefit of commerce
and for the development of our vast resources, most parsimonious.
For public buildings, including those in the District of Columbia, and
custorii-houses, post-offices, and court-houses in other parts of the
country, we have expended over $62,000,000; while for the improve-
ment of the 20,000 miles of western rivers, through wl^ich should flow
the life-currents of the nation, we have appropriated only $11,438,300.
For the improvement of these great avenues of trade, which were
designed by nature to afford the cheapest and most ample commercial
facilities for the teeming millions who inhabit the richest country on
the earth, we have expended an average of $133,100 per annum;
while for public buildings we have appropriated an average of over
$7.50,000 a year. Is it not high time that all expenditures not abso-
lutely necessary be suspended, and that the imperative necessities
of the country receive attention?



EEPORT OF WINDOM SELECT COMMITTEE 595

England, in order to encourage and stimulate the culture of cotton
in India for the supply of her factories at home, guaranteed interest
on an expenditure for internal improvements in that distant country
amounting to over $400,000,000. The most advanced nations of
ancient and modern times have regarded their liighways of commerce
of the first importance, and, in exact proportion to the excellence of
those liighways, have been the development of national resources and
power, and the augmentation of national wealth.

It may be said that in the present financial conchtion of the coun-
try, and with our heavy burden of indebtedness, we can not afford
to enter upon the system of improvements indicated. It is true our
debt is large, and our industrial enterprises are temporarily deranged,
but our resources are immeasurable, and need only a liberal and wise
statesmanship to insure their full development.

As we have already stated, the public debt of a nation is great or
small according to the proportion it bears to the public wealth and to
the commercial prosperity of the peojde who have it to pay. A debt
that would have crushed the United States in 1800 would scarcely be
felt to-day. In the exact proportion that our wealth increases, the
burden of our debt diminishes. For instance, in 1840 the entire
national wealth was estimated at $3,764,000,000. At the close of the
rebellion our national indebtedness had reached $3,300,000,000.
Hence to have paid the debt of 1865 in the year 1840 w^ould have
required 90 per cent, of all the property in the country. On -the 1st
of March, 1874, our debt was" $2,154,880,066. Our national wealth
is estimated at over $30,000,000,000. While, therefore, the debt of
1865 would have consumed almost the entire property, public and
private, o^^^led in the United States in 1840, the payment of our pres-
ent debt would require only about 7 per cent, of our present wealth.
It is therefore apparent that the burden of the debt of 1874 is less than
one- twelfth as great on our present property as the debt of 1865
would have been in 1840. If by the development of our resources we
can maintain the same ratio of increase during the next twenty-five
years that we have since 1850, the debt of the nation (if no further
payments be made) will amount to only about 1 per cent, on the
national wealth in 1900. In other words, with the full development
of our resources, which it is in the power of wise statesmanship to
induce, the entire debt can be paid in the year 1900 by the assessment
of a tax but little greater than is now required to meet the current
expenditures of the Government. If it be true, then, that the burden
of a nation's debt diminishes in exactly the same ratio as its wealth
increases, is it not the dictate of wisdom and sound policy to pay only
so much of our debt as may be necessary to keep our faith and main-
tain our credit, and to devote whatever surplus revenues may remain
to such improvements as are required for the full development of our
unequaled resources?

[William Windom, Chairman.

John Sherman.

J. Rodman West.

Simon B. Conover.

John H. Mitchell.1



596 REPORT OF THE INLAND WATERWAYS COMMISSION

I concur in the main in the foregoing report, prepared by the chair-
man; it contains, however, certain statements and assertions of law
and of fact, and recommendations relative to the power of Congress
and its exercise, from which I dissent.

ROSCOE CONKLING.

The undersigned, members of the committee, do not agree that
Congress can exercise the power "to regulate commerce among the
several States", to the extent asserted in this report.

T. M. Norwood.

H. G. Davis.

John W. Johnston.



19. STATUTES RELATING TO WATER POWER



By Alexander Mackenzie
Brigadier-General, U. S. Army, Chief of Engineers



Data obtained by searches suggested by general references cited in indexes to various statutes



Abstract of legislation enacted by Congress in relation to the construction of power dams, etc.,
in the navigable waters of the United States between 1789 and December 6, lOOS.O'



Location of dam, etc.



Name of grantee, etc.



Date of Con-
gressional act.



Reference to volume and
page of United States
Statutes at Large.



1. General act for construe- I

tion of dams across
navigable waters. [

2. Bear River, Miss , North Mississippi Trac

tion Co

3. Bear River. Miss



4. BlaekWarriorRiver,Ala.

(Mulberry Fork).

5. CahabaRiver.Ala. (Cen-

terville).

(i. Choctawhatchee River
(Newton, Ala.).

7. Choctawhatchee River,
Ala. (below Newton-
Ozark road).

S. Coosa River, Alabama
(Lock No. 2).

9. Coosa River, Ala. (Dam
No. 4). Completion of
Government dam and
use of water power by
private parties,
in. Coosa River, Ala. (Dam
No. 12).

11. Crow Wing River, Minn . .

12. Cumberland River and

its South Fork above
Bumside, Ky.

13. Cumberland River (Dam

No. 1, above Nash-
ville, Tenn.)- Leasing
of water power created
by the Government
dam.

14. Flint River, Ga. (Porter

shoals) .

15. Forest reserves (in and

across.) Under Depart-
ment of Agriculture.

16. Goose Creek, S. C



17. Kansas (Kaw) River,

Kans.

18. Kansas (Kaw) River,

Kans.

19. Klamathlndian Reserva-

tion, Oreg. Indian ap-
propriation act, under
Department of the In-
terior.

20. Little River, Ala.

(Blanche). Powerplant

21. Mississippi River (Be-

midji, Minn.).



Andrews & Jourdan

T. H. Friel

Cahaba Power Co

Choctawhatchee Power Co.
Andrew J. Smith et al



Riparian owners

Riparian owners, etc .



Alabama Power Co .
J udd Wright



Cumberland River
provement Co.



Im-



Albany Power and Manu-
facturing Co.
Private parties, etc



Charleston Light and
Water Co.

Chicago-Topeka Light,
Heat and Power Co.

Topeka Water and Elec-
tric Power Co.

Private parties



June 21, 1906

Apr. 23,1906
Feb. 25,1907
Mar. 16,1908
Mar. 6, 1908
Apr. 5, 1906
Mar. 10,1908



Vol. 34, p. 386.
262.)



May
June



9, 1906
4,1906



Henry T. Henderson et al. .



Vol. 34, p. 818. (Public, No.

408.)
Vol. 33, p. 1043. (Public, No.

207.)
Vol. 35, p. 3. (Public, No. 8.)

1 This hst does not include cases in which dams appear to have been intended for purposes otherwise
than for the generation of mechanical power.

597



>Kirby Thomas et al.



Mar. 4,1907

June 16,1906

Mar. 3,1905

June 13,1902

June 28,1902

Feb. 5,1907

Feb. 1,1905



(Public, No.
(Public, No.



Vol. 34, p. 130.

119.)
Vol. 34, p. 929. (Public, No.

115.)
Vol. 35, p. 45. (Public, No.

59.)
Vol. 35, p. 37. (Public, No.

38 ^
Vol. 34, p. 102. (Public, No.

84.)
Vol. 35, p. 40. (Public, No.

47.)



Vol. 34, p. 183.

150.)
Vol. 34, p. 211.

196.)



(Public, No.
(Public, No.



Vol. 34, p. 1288. (Public,

No. 247.)
Vol. 34, p. 296. (Public, No.

OQg \

Vol. 33, pp. 1132, 1133. (Pub-
lic, No. 215, pp. 18 (pars. 1
to 6) and 19 (par. 1).) •

Vol. 32, p. 358. (Public, No.

154, p. 31, par. 3.)
Vol. 32, p. 408. (Public, No.

180.)



Vol. 34, p. 878.

62.)
Vol. 33, p. 628.

34.)



June 14, 1906 Vol. 34, p. 265.
230.)



Jan. 22,1894
June 6, 1892
June 21,1906

June 30,1906
fMar. 3, 1905
[Feb. 1, 1908



Vol. 28, p. 27.

14.)
Vol. 27, p. 46.

77.)
Vol. 34, p

(Public ^



(Public, No.
(Public, No.

(Public, No.
(Public, No.
(Public, No.



)p. 325 and 368.
No. 258.)



598



REPORT OF THE INLAND WATERWAYS COMMISSION



Abstract of legislation enacted by Congress in relation to the construction of power dams, etc.,
in the navigable waters of the United States between 1789 and December 6, 1908 — Cont'd



Location of dam, etc.



Name of grantee, etc.



Date of Con-
gressional act.



Reference to volume and
page of United States
Statutes at Large.



22. Mississippi River (Be-

midji, Minn.).

23. Mississippi River (Brain-

erd, Minn.).

24. Mississippi River (Clear-

water, Minn.).

25. Mississippi River (Des

Moines Rapids).

26. Mississippi River (Des

Moines Rapids at Keo-
kuk, Iow«i).



27. Mississippi River (Grand

Rapids, Minn.).

28. Mississippi River (Little

Falls, Minn.).

29. Mississippi River (Min-

neapolis, Minn., to
Coon Rapids). -f

30. Mississippi River (Min-

neapolis to St. Paul).
Commission to report
concerning use of sur-
plus water flowing over
Government dams.

3L Mississippi River (Mon-
ticello, Minn.).



Morrison & Haines

Mississippi Water Power
and Boom Co.

The Mississippi River
Power Co.

Des Moines Rapids Power
Co. ■



Keokuk and Hamilton
Water Power Co.



Grand Rapids Water
Power and Boom Co.

Little Falls Water Power
Co.

Twin City Rapid Transit
Co.



The Mississippi River
Power Co.



The Pike Rapids Power
Co.



32. Mississippi River (in
Morrison Co.).

33. Mississippi River (Ot-
sego, Minn., between
Wright and Sherburne
counties) .

34 Mississinpi River (Rock
Island", in.).o

35. Mississippi River (Rock
Island Rapids, between
Davenport and Le
Claire, Iowa).

36. Mississippi River (Sauk
Rapids,St.Cloud,Minn.) ,

37. Mississippi River (village
of Sauk Rapids, Minn.) .

38. Mississippi River (Sauk
Rapids, between village
of Sauk Rapids and St.
Cloud, Minn.).

39. Mississippi River (be-
tween Stearns and

Sherburne counties,
Minn., at Augusta).

40. Mississippi River (Wa-
tab, Minn.).

41. Missouri River (Fort
Benton, Mont., some-

where within a distance
of 30 miles above).

a Dam authorized in 1837 by charter of State of IlUnois to private parties; charter extended by State in
1839. Developed liy Mohne Water Power- Co. et al. Further developed liv Ordnance Department,
U. S. Army, under authority of acts of Congress of Apr. 19, 1864 (vol. 13, p. .50), and June 27, 1866 (vol.
14, pp. 75 and 76). See also in this connection joint resolutions of Congress of Mar. 2, 1867 (vol. 14, p.
573), and Mar. 3, 1877 (vol. 19, p. 410), act of Congress of Mar. 3, 1879 (vol. 20, p. 387, first paragraph),
and joint resolution of Congress of June 20, 1879 (voi. 21, p. 51). For history of operations by Ordnance
Department concerning the development of this water power see "A history of the Rock Island Arse-
nal," etc., 1877, published by the Ordnance Department, U. S. Army.



Minnesota Power and
Trolley Co.



Davenport Water Power
Co.

St. Cloud Water Power &
Mill Co.

Sauk Rapids Water Power
Co.

Sauk Rapids Manufactur-
ing Co.



The St. Cloud Electric
Power Co.



Watab Rapids Power Co. .

Missouri River Improve-
ment Co.



June 4,1906
Apr. 15,1886
June 14,1906
Mar. 2, 1907
Feb. 24,1894
Feb. 8, 1901
Feb. 26,1904
Feb. 9, 1905
Feb. 27,1899
Feb. 27,1900
July 3, 1886
Mar. 5, 1898
Apr. 12,1900
June 25. 1906



[■June 14,1906

I Mar. 2, 1907

I June 4, 1906

IMar. 2,1907

'Mar. 12,1904

Mar. 22,1906

Apr. 5, 1904

Feb. 5, 1907

July 5, 1884

'Feb. 26,1904

Mar. 2,1907

Feb. 20,1905

June 28,1906

Apr. 23,1904

Feb. 20,1907



Vol. 34, p. 210.

194.)
Vol. 24, p. 12.

Vol. 34, p. 266.

231.)
Vol. 34, p. 1235.

205.)
Vol. 28, p. 38.

28 ^
Vol."31, p. 764.

43.)
Vol. 33, p. 56.

32.)
Vol.'33, p.712.

65.)
Vol. 30, p. 904.

80.)
Vol. 31, p. 33.

26.)
Vol. 24, p. 123.

Vol. 30, p. 253.

28 )
Vol.' 31, p. 75.

67.)
Vol. 34, p. 456.

282.)



(Public, No.

(Public, No.
(Public, No.
(Public, No.
(Public, No.
(Public, No.
(Public, No.
(Public, No.
(Public, No.

(Public, No.
(Public, No.
(Public, No.



Vol. 34, p. 264. (Public, No.

229.)
Vol. 34, p. 1235. (Pubhc.No.

204.)
Vol. 34, p. 209. (Public, No.

193.)
Vol. 34, p. 1219. (Public,

No. 179.)
Vol. 33, p. 66. (Public, No.

47.)
Vol. 34, p. 84. (Public, No.

63.)



Vol. 33, p. 158. (Public, No.

82 )
Vol.'34,p.876. (Public, No.

56.)
Vol. 23, p. 154.

Vol. 33, p. 52. (Public, No.

28 ^
Vol.' 34, p. 1058. (Public,

No. 164.)
Vol. 33, p. 723. (Public, No.

83.)



Vol. 34, p. 537. (Public, No.
315.)



Vol. 33, p. 295. (Public, No.

151.)
Vol. 34, p. 912. (Public, No.

98.)



STATUTES RELATING TO WATER POWER



599



Abstract of legislation enacted by Congress in relation to the construction of power darns, etc.,
in the navigable waters of the United States between 1789 and Decanber 6, 1908 — Cont'd



Location of dam, etc.



Name of grantee, etc.



Date of Con-
gressional act.



Reference to volume and
page of United States
Statutes at Large.



42. Missouri River (Ox Bow

Bend, Mont.).

43. Missouri River (Stubbs

Ferry to headwaters).
General authority for
construction of dams.

44. Missouri River (near

Stubbs Ferry, Mont.).

45. Missouri River (vicinity

of Buck Rapids, Mont.),

46. New River, Va., and W.

Va. (at Stevens Creek,
Va.).

47. Niobrara Riter, Nebr.

(Fort Niobrara Mili-
tary Reservation) .

48. Osage River, Mo. (War-

saw).

49. Pea River, Ala. (Elba)...

50. Fend Oreille River, Wash.

(Big.orMetaline, Falls),

51. Fend Oreille River, Wash.

(near Pierwee Creek).



52. Rainy River, Minn.



^Ox Bow Power Co.



53. Red Lake River, Minn. . .

54. Rock River, 111. (Grand

Detour).

55. Rock River, 111. (Lyn-

don).

56. Rock River, 111. (Lyn-

don).

57. Rock River, 111. (at Van-

druffs and at Carrs
islands).

58. Rock River, III. (Ster-

ling). (Power, etc.).

59. St. Croix River, Wis. and

Minn. (St. Croix Falls,
Wis.).

60. St. Joseph River, Mich.

(Berrien Springs).
6L St. Joseph River, Mich.
(Mottville).

62. Savannah River. Ga. and

S. C. (Andersonville
shoals) .

63. Savannah River, Ga. and

S. C. (Calhoun Falls).

64. Savannah River, Ga. and

S. C. (Cherokee shoals) .

65. Savannah River, Ga.,

above Augusta (at
Dortons Creek, Prices
Island, and Crouchs
Bluff).

66. Savannah River, Ga.,

(Gregg shoals).

67. Savannah (Tugaloo)

River, Ga. and S. C.
(Hattons Ford).

68. Savannah River, Ga. and

S. C. (McDanicl shoals) ,

69. Savannah River, Ga. and

S. C. (Middleton shoals) ,



Missouri River Power Co . ,

Capital City Improvement

Co.
Fries & Riiffin

C. H.Cornell ,

City of Warsaw ,

Pea River Power Co

Pend d'Oreille Develop-
ment Co.
do



Koochiching Co. and
Rainy River Improve-
ment Co.



W. J. Murphy

S. B.Newberry et al

Edward A. Smith et al —

do

S. S. Davis ,



Sterling Hydraulic Co

St. Croix Falls Wisconsin
Improvement Co., and
St. Croix Falls Minne-
sota Improvement Co.

Berrien Springs Power &
Electric Co.

H. L. Hartenstein



J. R. Earle Development
Co.



Hugh MacRae Co.
do



Twin City Power Co.



Savannah River Power

Co.
Hugh MacRae Co



Anderson Guaranty and

Trust Co.
do.



Apr. 28,1904
Mar. 4,1907
June 3,1896

June 8, 1894
Apr. 12,1906
June 4, 1900

June 18,1906

Jan. 14,1901
Feb. 23,1906
June 1,1906
Feb. 25,1907
May 4,1898
May 4,1900
June 28,1902
Feb. 25,1905
May 23,1908
Mar. 16,1906
Feb. 16,1906
Mar. 3,1905
Feb. 25,1907
May 1,1906

Mar. 2,1907
Feb. 7,1903

Apr. 5,1906
Mar. 2,1907
do

do

do

(Feb. 8,1901
Feb. 27,1907

[Feb. 29,1908
Feb. 5,1907
Mar. 2, 1907

do

do.......



Vol. 33, p. 570. (PubUc, No.

253.)
Vol. 34, p. 1415. (Public, No.

271.)
Vol. 29, p. 231. (Public, No.

175, p. 34, par. 1.)



Vol. 28, p. 91. (Public, No

85.)
Vol. 34, p. 111. (Public, No.

93 )
Vol. 31, p. 264. (Public, No.

142.)

Vol. 34, p 297. (Public, No.
239.)

Vol. 31, p. 729. (Public No.

7.)
Vol. 34, p. 18. (PubUc, No.

20.)
Vol. 34, p. 205. (Public, No.

187.)
Vol. 34, p. 931. ( Public, No.

119.)
Vol. 30, p. 398. (Public, No.

80.)
Vol. 31, p. 167. (Public, No.

89.)
Vol. 32, p. 485. (Public, No.

186.)
Vol. 33, p. 814. (Public, No.

103.)
Vol. 35, p. 273. (Public, No.

138.)
Vol. 34, p. 65. (Public, No.

49.)
Vol. 34, p. 14. (Public, No.

16.)
Vol. 33, p. 1004. (Public,

No. 171.)
Vol. 34, p. 933. (Public, No.

124.)
Vol. 34, p. 155. (Public, No.

137.)

Vol. 34, p. 1103. (Public,
No. 168, p. 33, par. 5.)

Vol. 32, p. 802. (Public, No.
64.)



Vol. 34, p.

85.)
Vol. 34,

No. 238.
Vol. 34,

No. 214.



102. (Public, No.

p. 1254. (Public,

I

p. 1240. (Public,



763



1240. (Public,
1255. (Public,
, (Public, No.



Vol. 34,

No. 212.'
Vol. 34,

No. 239.'
Vol. 31, p.

41.)
Vol. 34, p. 1000. (Public,

No. 134.'
Vol.35, p.

36.)
Vol. 34, p.

55.)
Vol.' 34, p. 1240. (Public,

No. 213.)



.)

.36. (Public, No.

. 876. (Public, No.



Vol. 34, p. 1238. (Public,

No. 208.)
Vol. 34, p. 1239. (Public,

No. 210.)



600



REPORT OF THE INLAND WATERWAYS COMMISSION



Abstract of legislation enacted by Congress in relation to the construction of power dams, etc.,
in the navigable waters of the United States between 1789 and December 6, 1908 — Cont'd



Location of dam, etc.



70. Savannah River, Ga. and

S. C. (Trotters shoals).

71. Savannah River, Ga. and

S. C. (Turner shoals).

72. Spokane River, Wash.

Under Department of
the Interior.

73. Tennessee River, Ala.

(Elk River shoals to
Florence).

74. Tennessee River, Ala.

(Hales bar, near Scott
Point). The provi-
sions of the last two
acts cited are merely
appropriations forcer-
tain work assumed hy
the General Govern-
ment.

7.5. Tennessee River, Ala.
(Muscle shoals).



76. Tennessee River, Ala.
(Muscle shoals).



Tugaloo River (Hattons
Ford). See Savannah
River (67) , supra.

77. Wabash River or tribu-

taries 111. (above Grand
Rapids dam). To
draw water by canal,
flume, or race.

78. White River, Ark. (Lock

and Dam No. 1). For
canals, power stations,

79. White River, Ark.

(above Lock No. 3).



Name of grantee, etc.



Date of Con-
gressional act.



Hugh MacRae Co

Anderson Guaranty and

Trust Co.
Private parties



Report by a Board of En-
gineers called for.



City of Chattanooga etc.,
and Chattanooga and
Tennessee River Power
Co.



General authority for con-
struction of dams.



Muscle Shoals Power Co...



Mount Carmel Develop-
ment Co.



Batesville Power Co.



Reference to volume and
page of United States
Statutes at Large.



Mar. 2,1907 Vol. 34, p. 1241. (Public,

1 No. 215.)
do Vol. 34, p. 1239. (Public,

i No. 209.)

Mar. 3,1905 Vol. 33, p. 1006. (Public,

I No. 173.)



Mar. 2, 1907

Apr. 26,1904

Jan. 7, 1905

Mar. 3, 1905

Mar. 2, 1907

Mar. 6, 1906
Mar. 2, 1907
Mar. 3, 1899
June 6, 1900
Mar. 1,1901
Feb. 18,1903



[Feb. 14,1889
iFeb. 12,1901
June 28,1906



Vol. 34, p. 1094. (Public,
No. 168, p. 23, par. 5.)

Vol. 33, p. 309. ( Public, No.

169.)
Vol. 33, p. 603. (Public, No.

6.)
Vol. 33,

No. 215,
Vol. 34,

No. 1(38



p. 1133. (Public,
p. 19, par. 5.)

p. 1093. (Public,
p. 23, par. 4.)

. .52. (Public, No.



Vol. 34, p

35.)
Vol. 34,

No. 168,
Vol. 30,

No. 201
Vol. 31, p. 274. (Public, No

151.)
Vol. 31, p

108.)
Vol. 32, p,

96.)



p. 1094. (Public,
p. 23, par. 5.)
p. 1351. (Public,

.)



846. (Public, No.
. 839. (Public, No.



Vol. 25, p. 670.

Vol. 31, p. 785.

Vol. 34, p. 536. (Public, No.
313.)



J. A. Omberg, jr June 29,1906 Vol. 34, p. 628. (Public, No.

368.)



(1)



June 21, 1906.
Vol. 34, p. 386.

[H. R. 8428.]
[Public, No.
262.]



Darns.

Regu 1 a t i o n s
for constructing,
over navigable
waters.



Approval of
Secretarj' of War
and Chief of En-
gineers.

Changes.



Chap. 3508. — An Act To regulate the construction of dams across
navigable waters.

Be it enacted hy the Senate and House of Representatives
of the United Stoies of America in Congress assembled, That
when, hereafter, authority is granted by Congress to
any persons to construct and maintain a dam for \vater
powder or other purposes across any of the navigable waters
of the United States, such dams [sic] shall not be built
or commenced until the plans and specifications for its
construction, together with such drawings of the pro-
posed construction and such map of the proposed location
as may be required for a full understanding of the sub-
ject, have been submitted to the Secretary of War and
Chief of Engineers for their approval, or until they shall
have approved such plans and specifications and the loca-



STATUTES RELATING TO WATER POWER 601

tion of such dam and accessor}^ works; and when the
plans for any dam to be constructed under the provisions
of this Act have been approved by the Chief of Engi-
neers and by the Secretary of War it shall not be lawful
to deviate from such plans either before or after comple-
tion of the structure unless the modification of such plans
has previously been submitted to and received the ap-
proval of the Chief of Engineers and of the Secretary of
War: Provided, That in approving said plans and loca- condiuons.
tion such conditions and stipulations may be imposed as
the Chief of Engineers and the Secretary of War may
deem necessary to protect the present and future interests
of the United States, which may include the condition
that such persons shall construct, maintain, and operate,
without expense to the United States, in connection with
said dam and appurtenant works, a lock or locks, booms,
sluices, or any other structures which the Secretary of
War and the Chief of Engineers at any time may deem
necessar}^ in the interest of navigation, in accordance with
such plans as they mav approve, and also that whenever
Congress shall authorize the construction of a lock, orpj^P^P^jO^fj^^J^^^-
other structures for navigation purposes, in connection
with such dam, the person owning such dam shall convey
to the United States, free of cost, title to such land as may
be required for such constructions and approaches, and water power.
shall grant to the United States a free use of water power
for building and operating such constructions.

Sec. 2. That the right is hereby reserved to the United R'si^tsreserved

• • 1 j_ ' J.' tor navigation.

States to construct, mamtam, and operate, m connection
with any dam built under the provisions of this Act, a
suitable lock or locks, or any other structures for naviga-
tion purposes, and at all times to control the said dam and
the level of the pool caused by said dam to such an extent
as may be necessary to provide proper facilities for navi-
gation.

Sec. 3. That the person, company, or corporation build- ^jg^^^^gS'^' ^*'''
ing, maintaining, or operating any dam and appurtenant
works, under the provisions of this Act, shall be liable for
any damage that may be inflicted thereby upon private l i g h t s , flsh-
property, either by overflow or otherwise. The persons '^^^^'
owning^ or operating any such dam shall maintain, at
their ow^n expense, such lights and other signals thereon
and such fishways as the Secretary of Commerce and
Labor shall prescribe.

Sec. 4. That all rights acquired under this Act shall ^Jj^'/^f^'*"'-^ »*
cease and be determined if the person, company, or cor-
poration acquiring such rights shall, at any time, fail to
comply with any of the provisions and requirements of
the Act, or with any of the stipulations and conditions
that may be prescribed as aforesaid by the Chief of Engi-
neers and the Secretary of War.

Sec. 5. That any persons who shall fail or refuse tOj^^^j^f^^^JJ^^i^
comply with the lawful order of the Secretary of War ance with orders,



Online LibraryUnited States. Inland Waterways CommissionPreliminary report of the Inland Waterways Commission. Message from the President transmitting a preliminary report → online text (page 70 of 83)