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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and the Chief of Engineers, made in accordance with the
31673— S. Doc. 325, 60-1 39



602 EEPORTOF THE INLAND WATERM'^AYS COMMISSION

provisions of this Act, shall l)e deemed guilty of a viola-
tion of this Act, and any persons who shall be guilty of a
violation of this Act shall be deemed guilty of a misde-
meanor and on conviction thereof shall be punished by a
fine not exceeding five thousand dollars, and every month
such persons shall remain in default shall be deemed a
new offense and subject such persons to additional penal-
ties therefor; and in addition to the penalties above de-
scribed the Secretary of War and the Chief of Engineers
may, upon refusal of the persons ownmg or controlling
any such dam and accessory works to comply with any
lawful order issued by the Secretary of War. or Chief of
Removal, etc. Euguieers in regard thereto, cause the removal of such
dam and accessory works as an obstruction to navigation
at the expense of the persons owTimg or controlling such
dam, and suit for such expense may be brought in the
name of the United States against such persons, and re-
' covery had for such expense in any court of competent

jurisdiction; and the removal of any structures erected or
maintained in violation of the provisions of this Act or
the order or direction of the Secretary of War or Chief
of Engineers made in pursuance thereof may be enforced
by injunction, mandamus, or other summary process,
upon application to the circuit court in the district in
which such structure may, in whole or in part, exist, and
proper proceedings to this end may be instituted under
the direction of the Attorney-General of the United
States at the request of the Chief of Engineers or the Sec-
Litigation, retary of War; and in case of any litigation arising from
any obstruction or alleged obstruction to navigation cre-
ated by the construction of any dam under this Act, the
cause or question arising may be tried before the circuit
court of the United States in any district in which any
portion of said obstruction or dam touches.
st^uctfon"^ ^""" S^^- ^- T'hat whenever Congress shall hereafter by law
authorize the construction of any dam across any of the
navigable waters of the United States, and no time for
the commencement and completion of such dam is named
in said Act, the authority thereb}'- granted shall cease and
be null and void unless the actual construction of the dam
authorized in such A.ct be commenced within one year
and completed witnin three years from the date of the
passage of such Act.
Right to alter, g^c. 7. That the right to alter, amend, or repeal this

etc rCSGr V8Q ~ ■% ini

Act is hereby expresslj'" reserved as to any and all dams
which may be constructed in accordance with the pro-
visions of this Act, and the United States shall incur no
liability for the alteration, amendment, or repeal thereof
to the owner or owners or any other persons interested
in any dam which shall have been constructed in accord-
ance with its provisions.
"Arsons'" ^ "f Sec. 8. That the word "persons" as used in this Act
shall be construed to import both the singular and the



STATUTES RELATING TO WATER POWER 603

plural, as the case demands, and shall include corpora-
tions, companies, and associations.
Approved, June 21, 1906.

(2)

Chap. 1660.— An Act To authorize the North Mississippi Traction '^^^■^^' ^^

Company to construct dams and power stations on the Bear River on _2-! 1^^ JL

the northeast c^uarter of section thnty-one, township five, range eleven, [H. R. 15259.]
in Tishomingo County, Mississippi. 119^"^^'*^' ^^

Be .it enacted hy tie Senate and House of Representatives
of the United States of America in Congress assembled, That ^^Bear River,
the North IVIississippi Traction Company, their successors North Missis-
and assigns, having authority therefor under the laws of (^PP'pjj^ J'"'^ may
the State of Mississippi, may hereafter erect, maintain, dam.
and use a dam or dams in or across the Bear River, in
the State of Mississippi, at such points on the northeast Location.
quarter of section thirty-one, to\\Tiship five, range eleven,
in Tishomingo County, Mississippi, as they may elect, for
the purpose of erecting, operating, and maintaining power
stations and to maintain inlet and outlet races or canals
and to make such other improvements on Bear River as
may be necessary^ for the development of water power and
the transmission of the same, subject always to the pro-
visions and requirements of this Act and to such conditions
and stipulations as may be imposed by the Chief of En-
gineers and the Secretary of War.

Sec. 2. That detailed plans for the construction and wlf "to^approve
operation of a dam or dams and other appurtenant and plans, etc.
necessary' works shall be submitted by said North Missis-
sippi Traction Company, their successors and assigns, de-
siring to construct the same, to the Chief of Engineers
and the Secretary of War, with a map showing the loca-
tion of such dam or other structures, with such topograph-
ical and hydrographic data as may be necessary for a sat-
isfactory understanding of the same, which must be ap-
proved by the Chief of Engineers and the Secretary of
War before work can be commenced on said dam or dams
or other structures ; and after such approval of said plans
no deviation whatsoever therefrom shall be made without
first obtaining the approval of the Chief of Engineers
and the Secretary of War: Provided, That the construe- ^'•omos.
tions hereby authorized do not interfere with the naviga- naTigatfon.''
tion of Bear River: And provided further, That said dam Restriction.
or dams and works shall be limited only to the use of
the surplus water of the river, not required for the navi-
gation of Bear River, and that no structures shall be built
and no operations conducted by those availing themselves
of the provisions of this Act which shall injure or inter-
fere with the navigation of Bear River or impair the use-
fulness of any improvement made by the Government in
the interest of navigation.

Sec, 3. That the Government of the United States re- Locks, etc.
serves the right, at any time that the improvement of the



604



REPOKT OF THE INLAND WATERWAYS COMMISSION



Proviso.
Damages.



navigation of Bear River demands it, to construct, main-
tain, and operate, in connection with any dam or other
works built under the provisions of this Act, suitable
lock or locks or any other structures for navigation pur-
poses, and at all times to control such dam or dams or
other structures, and the level of the pool caused by such
dam or dams, to such an extent as may be necessary' to
provide facihties for navigation; and whenever Congress
shall authorize the construction of such lock or other
structures, the person, compan}^, or corporation o^vTung
and controlling such dam or dams or other structures
shall convey to the United States, under such terms as
Congress shall prescribe, titles to such land as may be
required for the use of such lock and approaches, and in
addition thereto shall grant to the United States, free
of cost, the free use of water power for building and op-
erating such constructions: Provided, also, That the per-
son, company, or corporation building, maintaining, or
operating any dam or dams or other structures under the
provisions of this Act shall be liable for any damage that
may be inflicted thereby upon private property, either
by overflow or otherwise, and the nearest State or Fed-
eral court shall have jurisdiction to hear suits to deter-
mine the amount of compensation for alleged damage.
The person, company, or corporation o^vning or operating
any such dam shall maintain, at their own expense, such
lights and other signals thereon and such fishways as
the Secretary of Commerce and Labor shall prescribe.

Sec. 4, That all the rights acquired under this Act
shall cease and be determined if the person, company, or
corporation acquiring such right shall at any time fail to
comply with any of the provisions or requirements of this
Act, or with any of the stipulations that may be prescribed

Time of con- by the Chief of Engineers and the Secretary of War, or
in case a person, company, or corporation authorized by
the laws of the State of Mississippi to erect and maintain
a dam and improvements as contemplated by this Act
shall fail to begin the erection of said dam and improve-
ments witliin one year after being so authorized and shall
fail to complete the same within three years after obtain-
ing such authority.

Prior rights not Sec. 5. That the provisious of this Act shall in no man-
ner interfere with or impair the rights of any person,
company, or corporation heretofore authorized by Con-
gress to erect a dam or other structures for the develop-
ment of water power on the Tennessee River.

Sec. 6. That the right to alter, amend, or repeal this
Act is expressly reserved.
Approved; April 23, 1906.



Lights, etc.



Fishways.



Forfeiture.



affected



Amendment.



STATUTES RELATING TO WATER POWER



605



(3) .

Chap. 1192.— An Act To authorize J. F. Andrews, J. W. Jourdan, their Feb. 25, 1907
heirs, representatives, associates, and assigns, to construct dams and o • ■> . P- J-y-
power stations on Bear River, on the southeast quarter of section thirty- fH. R. 21194.]
one, township tive, range eleven, in Tishonungo County, Mississippi, nl^"^^'^' ^"'

Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assetnhled, That ^'^'^R'^'er.
J. F. Andrews, J. W. Jourdan, their heirs, representa- et" ai. 'may con-
tives, associates, and assigns may hereafter erect^ across.'^in Tisho-
maintain, and use a dam or dams in or across the Bearmingo county
River, in the State of Mississippi, at such points on the
southeast quarter of section thirty-one, township five,
range eleven, in Tishomingo County, Mississii)pi, as they
may elect, for the ptu'pose of erecting, operating, and
maintaining power stations, and to maintain inlet and
otitlet races or canals, and to make such other improve-
ments on Bear River as may be necessary for the develop-
ment of water power and the transmission of the same,
in accordance with the provisions of the Act of Congress
entitled "An Act to regulate the construction of dams
across navigable waters," approved June twenty-first,
nineteen htmdred and six: Provided, That this Act shall
in no manner interfere with or impair the rights of any
person, company, or corporation heretofore atithorized by
Congress to erect a dam or other structure for the devel-
opment of water power on Bear River.

Sec. 2. That the right to alter, amend, or repeal this
Act is expressly reserved.

Approved, February 25, 1907.



Vol. M, p.



Proviso. '
Restriction.



Amendment.



(4)

Chap. 91. — An Act To authorize T. H. Friel or assigns to con- March 16,

struct a dam across Mulberry Fork of the Black Warrior River. 1908.

[H. R. Ib746.]

Be it enacted hy the Seriate and House of Representa- gg^^'^"^^'^'' •^'°-
tives of the United States of America in Congress assem- Vol. 35, p. 45.
Ned, That T. H. Friel or assigns be, and they are hereby, p^^^i." ^^' ^^i^^.^
authorized to construct, maintain, and operate a dam warrior River,
across the Mulberry Fork of the Black Warrior River, t. h. Friei
at a point within ten miles north and within two i^^iles ™Yoc4*ti^n.
south of its junction with the Sipsey Fork, in Walker
County, in the State of Alabama, in accordance with the
provisions of the Act entitled "An Act to regulate the ^^[." i • ^ 4 , p.
construction of dams across navigable waters," approved
June twentv-first, nineteen hundred and six.

Sec. 2. That the right to alter, amend, or repeal this Amendment.
Act is hereby expressly reserved.

Approved, March 16, 1908.



606 REPORT OF THE INLAND WATERWAYS COMMISSION

(5)

March 6, Chap. 57. — An Act To authorize the Cahaba Power Company,
[H^'^R 16051.]^ corporation organized under the laws of the State of Alabama,

— '■ — ^ ^ to construct a dam across the Cahaba River, in said State, at or

^^ [Public, No.ne^i. Centerville, Alabama.

Vol. 35, p. 37.

Be it enacted hy the Senate and House of Representa-
tives of the United States of America in Congress assem-
Cahaba J)led^ That the Cahaba Power Comjjany, a corporation
Cahaba oVgaiiized iiiider the hiws of Alabama, its successors and
^0?,,?'^^^^^' assigns, be, and they are hereby, authorized to construct,

pany may aam, .»j7 j ^ i i/^ii-r»-

at Centerville, maintain, and operate a dam across the Cahaba Kiver
^" at Centerville, in the State of Alabama, in accordance

386^*''' ^^' ^'^^'ith the provisions of the Act entitled "An Act to reg-
ulate the construction of dams across navigable waters,"
approved June twenty-first, nineteen hundred and six.
Amendment. gj,^^ 9. That the right to alter, amend, or repeal this
Act is hereby expressly reserved.
Approved, March 6, 1908.



(6)

VoLsYp^ib''. Chap. 1367. — An Act Authorizing the Choctawhatchee Power Com-
' — ^ pany to erect a dam in Dale County, Alabama. ,

[H.R. 14808.]^

84.] ' Be it enacted hy the Senate and House of Representatives

ha^che*e Rh-er^ ' ^/ ^^^^ United States of America in Congress assembled, That

c h o c t a W - the Choctawhatchee Power Company, its successors

Company may and assigus, be, and is hereby, authorized to erect,

tm^'tSa,^^ ^^"'" build, have, and maintain a steel and concrete dam, or

dam of other material, on the Choctawhatchee River at

a point above the Atlantic Coast Line Railroad bridge

near Newton, on said river and in Dale County, Alabama:

secr'et^ary oiP^^'^"^'^^^) That the plaus of Said dam shall be submitted

AVar to approve to and be approved by the Chief of Engmeers and the

p ans, e c. Secretary of War before construction is commenced; and

the Secretary of War may at any time require and enforce,

at the expense of the owners, such modifications in the

construction of said dam as he may deem advisable in the

interests of navigation: Provided further, That there

shall be placed and maintained in connection with said

Sluiceway. dam a sluiceway so arranged as to permit logs, timber,

and lumber to pass around, through, or over said dam

without unreasonable delay or liindrance and without toll

pishways. ^^j. charges; and suitable fishways, to be approved by the

United States Fish Commission, shall be constructed and

maintained on said dam. /

piS. "^ '■°'"' Sec. 2. That this Act shall be null and void unless the

dam herein authorized is commenced within one year and

completed within three years from the date hereof.

Amendment. Sec. 3. That the right to amend or repeal this Act is

hereby expressly reserved.

Approved, April 5, 1906.



STATUTES RELATING TO WATER POWER



607



(7)

Chap. 77. — An Act To authorize A. J. Smith and his asso- ^^^J^''^'' i"-
elates to erect a dam across the Choctawhatchee River in Dale r*!^' ,, ,.ic,-. i

Couutv, Alabama. ■

[Public, No.
47.]

Be it enacted hy the Senate and House of Representa- voi. 35, p. 4u.
tivei^ of the United States of America in Congress assem-
bled, That Andrew J. Smith and his associates, their ^.,^^^^'7/5^/^^;'"^^-
siiccessors and assigns, be, and they are hereby, author- , Andrew .).
ized to construct, maintain, and operate a dam across in'ay dam.
the Choctawhatchee River about one-eighth of a mile Location.
below or west of the bridge across said river on the road
known as the Xewton and Ozark public road, in Dale
County, in the State of Alabama, in accordance with the
provisions of the Act entitled "An Act to regulate the^^J"^- "^' '*•
construction of dams across navigable waters," apjjroved
June twenty-first, nineteen hundred and six.

Sec. 2. That the right to alter, amend, or repeal this Amendment.
Act is hereby expressly reserved.

Approved, March 10, 1908.



(8)

Chap. 2438.— An Act To authorize the construction of dams and
power stations on the Coosa River at Lock Two, Alabama.



May 9, 1906.
Vol. 34, p. l&j.

[H. R. 153:54.]
[Pub lie, No.
150.]



Be it enacted hy the Senate and House of Representa-
tives of the United States of America in Congress assem-
hled, That any riparian owner, whether person, company, coosa River,
or corporation having authority therefor under the laws '^Right to dam,
of the State of Alabaina may hereafter erect, maintain, '^^.^-['^'^^'" Lock 2,
and use a dam or dams in or across the Coosa River, in
the State of Alabama, at such pomts at or near Lock
Two as they may elect and the Secretary of War may ap-
prove, between a point on the eastern side of the river Location.
in the abandoned portion thereof at a point below the
United States Government dam at Lock Two and above
the navigable portion of the river between Locks Two
and Three, for the purpose of erecting, operating, and
maintaining power stations and to maintain inlet and
outlet races or canals and to make such other improve-
ments on the eastern bank of the Coosa River between
the two points above mentioned as may be necessary for '

the development of water power and the transmission of
the same, subject always to the provisions and require-
ments of this Act and to such conditions and stipulations
as may be imposed by the Chief of Engineers and the
Secretary of War for the protection of navigation and the
property and other interests of the United States.

Sec. 2. That detailed plans for the construction and seerotary of
operation of a dam or dams and other appurtenant andpia
necessary works shall be submitted by the person, com



War to approve
'an.s, etc.



608 EEPOKT OF THE INLAND WATERWAYS COMMISSION

pany, or corporation desiring to construct the same to
the Chief of Engineers and the Secretary of War, with a
map sliowing the location of such dam or other structures,
with such topographical and hydrographic data as may
be necessary for a satisfactory understanding of the same,
which must be approved by the Chief of Engineers and
the Secretary of War before work can be commenced on
said dam or dams or other structures ; and after such ap-
proval of said plans, no deviation whatsoever therefrom
shall be made without first obtaining the approval of
Unobstructed the Chief of Engineers and the Secretary of War: Pro-

""Ref trict"ed use '^^^'^^j That the coustructious hereby authorized do not m-

of water. tcrfcrc witli the navigation of the Coosa River: And fro-

vided further, That said dam or dams and works shall be
limited only to the use of the surplus water of the river,
not required for the navigation of the Coosa River, and
that no structures shall be built and no operations con-
ducted by those availing themselves of the provisions of
this Act which shall injure or interfere with the navigation
of said river or impair the usefulness of any improvement
made by the Government in the interest of navigation.
Locks, etc. ^^^ 3_ r^y^^ ^Yie Government of the United States re-

serves the right, at any time that the improvement of the
navigation of the Coosa River demands it, to construct,
maintain, and operate, in connection with any dam or
other works built under the provisions of this Act, suitable
lock or locks or any other structures for navigation pur-
poses, and at all times to control such dam or dams or
other structures, and the level of the pool caused by such
dam or dams, to such an extent as may be necessary to

^. Conveyance of provide facilities for navigation ; and whenever Congress
shall authorize the construction of such lock or other
structures, the person, company, or corporation owning
and controlling such dam or dams or other structures
shall convey to the United States, under such terms as
Congress shall prescribe, titles to such land as may be
required for the use of such lock and approaches, and in
addition thereto shall grant to the United States, fi-ee of
cost, the free use of water power for building and operat-
amages. -^^^ such constructions: Provided also, That the person,
company, or corporation building, maintaining, or oper-
ating any dam or dams or other structures under the pro-
visions of this Act shall be liable for any damage that
may be inflicted thereby upon private property, either by
. ' overflow or otherwise, in a court of competent jurisdic-

gatwny''*°"^^'"tion: Provided further. That any injury or damage to the
navigable capacity of the Coosa River, or to the works
of improvement of the United States in the said river
which may result from the construction of the dam and
other works herein authorized, or any alteration, enlarge-
ment, or change in said works of improvement which may,
in the judgment of the Secretary of War, be made neces-
sary by the construction of said dam and other works, shall
be matle good and completed at once by those availing



STATUTES KELATING TO WATER POWER 609

themselves of the provisions of this Act, their executors,
successors, and assigns, and faihng this, such injury or Failure to re-
damage may be remedied, and such aUeration, enlarge- ^"^"^ amages.
ment, or change may })e completed ))y the United States,
and the cost of the work so reciuiretl shall be paid by the
grantees, their heirs or assigns, and to secure the payment Payment t o r
for any work thus done by the United States a bond with Bond',
good and sufficient security in a sum judged adequate
by the Secretary of War for the payment of the costs
of said work shall be executed and filed with the Secre-
tary of War before any advantage shall be taken of the
provisions of tliis Act. The person, companv, or cor- Lights, etc.
poration owning or operating any such dam shall main-
tain, at their own expense, such lights and other signals
thereon and such fishways as the Secretary of Commerce
and Labor shall prescribe.

Sec. 4. That all the rights acquhed under this Act shall ^^,^^^! ^^^^ t^s.^ t o
cease and be determined if the person, compan}^, or cor- to comply with
poration acquiring such rights shall at any time fail tOetc.""^*^™'^^ ^'
comply ^^^th any of the provisions or requirements of
this Act, or with any of the stipulations that may be pre-
scribed by the Chief of Engineers and the Secretary of
War, or in case a person, compan}^, or corporation author-
ized by the laws of the State of Alabama to erect and g^^i^^^e^o f con-
maintain a dam and improvements as contemplated by
this Act shall fail to begin the erection of said dam and
improvements within two 3^ears after being so authorized
and shall fail to complete the same within five years after
obtaining such authority.

Sec. 5. That the provisions of this Act shall in no man- no^'asectel.'^ * ^
ner interfere with or impair the rights of any person, com-
pany, or corporation 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 Amendment.
Act is expressly reserved.

Approved, May 9, 1906.



(9)

Chap. 2577. — An Act Authorizing the use of the waters in Coosa June4,i906.
River at Lock Numbered Four, in Alabama. ' Vol. 34, p. 2n.

[H.R. 19473.]

Be it enacted hy the Senate and House of Be}>resentatives J^^^^^^''' ^ « •
of the United States of America in Congress assembled, That
the Secretary of War is hereby authorized and empowered S°°^^ River,
to enter mto contract with any individual or corporation, ' completion of
private or municipal, preference being given to riparian pr°vate^°'pa^rtlM
o\\Tiers and their assigns, hereinafter designated "the con- authorized,
tracting party," to complete the dam and forebay of the
lock which has been partially constructed by the Govern-
ment at Lock Numbered Four on the Coosa River, the
work to be done under his supervision and control, and in
accordance with the present adopted project and any



610



REPORT OF THE INLAND WATERWAYS COMMISSION



Provisos.
Conditions.



Protection
navigation.



Time of com-
pletion.



modification thereof that he may deem proper: Provided,
That the contracting party shall furnish all materials, of
every character, and pay for all labor required in the con-
struction of said dam and forebay, which, upon comple-
tion, shall become the property of the United States, free
of all costs, claims, or charges of any kind whatsoever:
^° Provided, further, That the terms of this Act and any
stipulations which the Secretary of War may deem neces-
sary to safeguard the interests of navigation and other
interests of the United States shall be embodied in any
contract entered into as aforesaid.



Online LibraryUnited States. Inland Waterways CommissionPreliminary report of the Inland Waterways Commission. Message from the President transmitting a preliminary report → online text (page 71 of 83)