United States. Inland Waterways Commission.

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

. (page 72 of 83)
Online LibraryUnited States. Inland Waterways CommissionPreliminary report of the Inland Waterways Commission. Message from the President transmitting a preliminary report → online text (page 72 of 83)
Font size
QR-code for this ebook


Sec. 2. That the contracting party shall begin the said
work witliin two years from the passage of this Act and
shall complete the same witliin four years from the date
of commencing construction, and the Secretary of War
may, upon reasonable diligence of the contracting party
being shown, extend the time for completion, the Gov-
ernment reserving the right to commence and finish the
work, if deemed advisable, at any time before it is com-
FaUuretocom-j^enced by the contracting party; or, if begun and not
carried out in strict conformity to the , directions of the
Secretary of War, the Government may assume the com-
pletion of said work at its option, the cost of such comple-
jtion to be paid by the contracting party: Provided, That
warTo ^approve the Secretary of War shall determine from time to time
the work. whether the work is being properly done.

Contractors g^Q 3 That in Consideration of the completion of said
granted use o ^^^^^ ^^^^ forcbay, including buttresses and gates, free of
cost to the Government, the contracting party is hereby
granted such rights as the Government possesses to use
the water pov/er produced by said dam for manufacturing
and other industrial purposes for a period of ninety-nine
years: Provided, That the plans for the necessary works
and structures to utihze said water power shall be. ap-
proved by the Secretary of War: Provided further. That
the right is reserved to the United States to construct,
maintain, and operate a lock for navigation purposes in
Connection with said dam and forebay, and nothing shall
be done in the use of the water fi-om said dam or other-
wise to interfere with or in any way impede or retard the
operation of said lock or the proper and complete naviga-
tion of the river at all times, nor in any way to inter-
fere with the use and control of the same by the United
States or the maintainance [sic] of the water surface
above the dam at the established pool level; and the Sec-
retary of War is hereby authorized to prescribe regula-
tions to govern the use of the said water power and the
. operations of the plant and force employed in connection
therewith; and no claim shall be made against the United
States for any failure of water power, resulting fi-om any
Free use ofcausc whatsocvcr: Provided further. That the contract-
br^the ''unHedi'^S P^rty shall furnish to the United States, free of cost,
states. such elcctric current as may be necessary for operating

the Government lock, in case the same shall be built, and



plete.



Proviso.



use
water power.



Provisos.
Plans.



Lock.



Regulation.s.



STATUTES RELATING TO WATER POWER 611

lighting its buildings and grounds: And provided fur-
ther, That the contracting party may have ingress and Right of in-
egress over Government hinds in the construction and'^*'''''^''"*^'"^'"*'^^-
operation of plant.

Sec. 4. That the Secretary of War may require the con- ^'^^'^■
tracting party to execute a bond, with proper securities,
before the commencement of the work, in such amount as
he may consider necessar}% to insure the begimiing, prose-
cution, and completion of the work and compliance with
the terms and requirements of this Act, and in case of
failure to comply with the requirements of said bond the
contracting party shall forfeit to the United States the Forfeiture.
full amount thereof: Provided, That a suitable force of Proiuo.
inspectors shall be employed on the work by the Secretary" "''^^'' '°"'
of War, at the expense of the United States, to see that
the plans and specifications and the terms and require-
ments of the Act and the conditions of the contract are
strictly carried out, and any expense incurred by the Expense.
United States in maintaining said inspectors shall be paid
from any fimds available pertaining to the appropriations
made b}^ Congress for examinations, surveys, and contin-
gencies of rivers and harbors.

Sec. 5. That Congress reserves the right to revoke the ^.^Re^o^cation^of
rights and privileges conferred by this Act; but in the r eim burse -
event of such revocation the United States shall pa}^ to the pi-OT'ements,'ete'
contracting party, as fidl compensation, the reasonable
value, exclusive of any franchise that may be required
under tliis Act, of all properties erected and lands pur-
chased b}' them, necessarv' for the enjoyment of the bene-
fits hereb}^ conferred, such value to be determmed by
mutual agreement between the Secretary of War and the
owners of said properties, and in case they can not agree,
then by proceedings in condemnation, to be instituted in
the proper United States court: Provided, That to insure Proviso.
compliance with the terms of the contract, or to protect prfvu^lM.'"" ° '
the interests of navigation and other mterests of the
United States, the Secretary of War shall have power, at
any time before or after the completion of the work, to
order a suspension of all privileges granted by tliis Act,
and compliance with such order may be enforced by in-
junction of the court of the United States exercising juris-
diction in the district in which the work is situated, and
proper proceedings to this end shall be instituted by the
Attorney-General upon request of the Secretary of War.

Sec. 6. That nothing in this Act shall be construed as jurisdiction.
in any way abridging the exclusive jurisdiction and con-
trol by the United States over the Coosa River, and of sluj
structures therein, nor as repealing or modif^ang any of Existing law
the provisions of law now existing for the protection of""*'^^*^*''^'^**-
navigation.

Approved, June 4, 1906.



612



EEPOET OF THE INLAND WATERWAYS COMMISSION



Vol. 32, p. 353.



Provisos.



(10)

Mar. 4, 1907. Chap. 2912. — An Act Permitting the erection of a dam across Coosa

Vol. 34, p. 1288_ ];^JYer^ Alabama, at the place selected for Lock Numbered Twelve on
[S. 8526.] said river.

[Public, No.

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

of tJie United States of Amei^ca in Congress assembled,
Coosa River, That the conseiit of Congress is hereby granted to the
^'*- Alabama Power Company, a corporation organized

p^^|,^j.''(?o"n,'^ under the laws of the State of Alabama, its successors and
panyinaydain. assigns, to build a dam, of such height as the Chief of
Engineers and the Secretary of War may approve, across
the Coosa River, in Alabama, at the place selected for
Location. the location of Lock and Dam Numbered Twelve on said
river, as located in the survey made by the engineers of
the United States of the Coosa and Alabama rivers in
Georgia and Alabama, in compliance with the require-
ments of the river and harbor Act approved June thir-
teenth, nineteen hundred and two, for the development
of water power, and such works and structures in connec-
tion therewith as may be necessary or convenient in the
development of said power and in the utilization of the
power thereby developed: Provided, That plans for the
war^to^appro'le construction of Said dam and appurtenant works shall be
plans, etc. submitted to and approved by the Chief of Engineers and

the Secretary of War before the commencement of the
Changes. coustructiou of the same: Provided further, That the
Alabama Power Company, its successors or assigns, shall
not deviate from sucli plans after such approval, either
before or after the completion of said structures, unless
the modification of said plans shall have previously been
submitted to and received the approval of the Chief of
Engineers and Secretary of War: Provided furtlier, That
said dam and appurtenant works shall be limited to the
use of the surplus water only of the river not required for
the navigation of the Coosa River, and that no structure
shall be built and no operations conducted under the pro-
visions of this Act wliich shall at any time injure or inter-
fere with the navigation of said river or impair the use-
fulness of any improvement by the . Government in the
interests of navigation.
Locks. Sec. 2. That the said dam shall be so constructed, in-

cluding a proper forebay, that the Government of the
United States may at any time construct in connection
therewith a suitable lock or locks for' navigation pur-
poses, and may at any time, without compensation, con-
trol the said dam or other structures and the level of the
pool caused by such dam so far as shall be necessar}'' for
purposes of navigation, but shall not destroy the water
power developed by said dam and structures to any
greater extent than may be necessary to provide proper
facilities for navigation, and that the Secretary of War
may at any time require and enforce, at the expense of the
Changes. owners, such modifications and changes in the construc-
tion of such dam as may be necessary in the interest of



Unobstructed
navigation.



STATUTES RELATING TO WATER POWER



613



navigation: Provided, That the Alabama Power Com- Pmnsos.
pany, its successors or assigns, shall furnish the necessary power" ''*''"'
electric current, while its power plant is in operation, to
move the gates and operate the locks in connection with
said dam and to light the United States buildings and
grounds free of cost to the United States: Provided use of lands
fwrther, That the Alabama Power Company, its succes- ^on, otc°°^*™*^'
sors or assigns, is hereby granted the right to use any
lands which may belong to the United States of America ^

and necessary for the construction and maintenance of
said dam and appurtenant works, or wliieh may be inun-
dated with water by reason of the construction of said
dam and appurtenant works, and in consideration there-
for the said company, its successors or assigns, shall, upon
request of the Chief of Engineers and the Secretary of
War, convey free of cost to the United States of America convey a n c e
such suitable tract or tracts of land as may be selected by to the*"^ united
the Cliief of Engineers and the Secretary of War for the states.
establishment of such lock or locks and approaches and
other purposes as the needs of navigation may require.

Sec. 3. That this Act shall be null and void unless the,
dam herein authorized be commenced within tliree years
and completed within seven j^ears from the time of the
passage of this Act.

Sec. 4. The authority herein conferred shall, except as
herein specifically provided, be subject in all respects to
the provisions of the Act entitled "An Act to regulate
the construction of dams across navigable waters," ap-
proved June twenty-first, nineteen hundred and six.

Sec. 5. The right to alter, amend, or repeal this Act is
hereby expressly reserved.

Approved, March 4, 1907, 10 a. m;



Time of
■ struction.



V0I..34, p. 386.



Amendment.



(11)



Chap. 3339. — An Act Permitting the building of a dam across the
Crow Wing River between the counties of Morrison and Cass, State of
Minnesota.



Juno Iti, 1906.
Vol. 34, p. 296.

[H. R. 17881.]
[Public, No.
238.]



may dam.



Location.



Be it enacted ly the Senate and House of Representatives
of the United States of America in Congress assemhled, That j^^^^^^, Minn.
the consent of Congress is herebj^ granted to Judd Wright, Judd wright
his heirs or assigns, to construct and maintain across
the Crow Wing River a dam, canal, and works necessary
incident thereto, for water power and supply purposes,
at any point at or near the junction of tne Gull River
with the Crow Wing River, on section tlurty, township
one hundred and thirtj^-three north, range twenty-nine
west, fifth meridian, between the counties of Morri-
son and Cass, in the State of Minnesota: Provided, That
the plans for the construction of said dam and appurte- war'to" approve
nant works shall be submitted to and approved by t^e p^*°^' '^^'^
Chief of Engineers and the Secretary of War before the



Provisos.
Secretary of



614



BEPORT OF THE INLAND WATERWAYS COMMISSION



Restriction.



Sluiceway.



Lock.



Changes.



Fishways.



Litigation.



ProvUo.
Existing laws
not affected.



Amendment.
Time of com-
pletion.



commencement of construction of the same: And 'pro-
vided further, That the said Judd Wright, his heirs or
assigns, shall not deviate from such plans after such ap-
proval, either before or after the completion of said
structures, unless the modification of such plans shall have
previously been submitted to and received the approval
of the Chief of Engineers and of the Secretary of War:
And provided further, That there shall be placed and
maintained in connection with, said dam a sluiceway so
arranged as to permit logs, timber, and lumber to pass
around, through, and over said dam without unreason-
able delay or hindrance, and without toll or charges: And
frovided further, That the dam shall be so constructed
that the Government of the United States may at any
time construct in coimection therewith a suitable lock for
navigation purposes, and may at any time, without com-
pensation, control the said dam, so far as shall be neces-
sary for purposes of navigation, but shall not destroy the
water power developed by said dam and structures to any
greater extent than may be necessary to provide proper
facilities for navigation; and that the Secretary of War
may at any time require and enforce, at the expense of
the owners, such modifications and changes in the con-
struction of said dam as he may deem advisable in the
interests of navigation.

Sec. 2. That suitable fishways, to be approved by the
Secretar}^ of Commerce and Labor, shall be constructed
and maintained at said dam by the said Judd Wright, his
heirs or assigns.

Sec. 3. That in case any litigation arises from the
building of said dam or from the obstruction of said river
by said dam or appurtenant works, cases may be tried in
the proper courts as now provided for that purpose in the
State of Minnesota or in the courts of the United States:
Provided, That nothing in this Act shall be so construed
as to repeal or modify any of the provisions of law now
existing in reference to the protection of the navigation
of rivers, or to exempt said structures from the operation
of the same.

Sec. 4. That the right to amend, alter, or repeal this
Act is hereby expressly reserved, and the same shall be-
come null and void unless the construction of the dam
hereby authorized is commenced within one year after
the passage of this Act and completed within tkree years
thereafter.

Approved, June 16, 1906.



(12)

[Extract from river and harbor act approved March

p. 1132.]



1905. Stats. L., vol. 33,



Cumberland Improving the upper Cumberland and South Fork
men? comp'anyrrivers, above Burnside, Kentuck}*: The Cumberland River



STATUTES RELATING TO WATER POWER 615

Improvement Companj^, a corporation formed and exist- j^^^^^^^''^^^^^"^*
ing under the laws of the State of Kentucky, is authorized above Bumside,
and permitted to improve the Cumberhind River and its*^^"
tributaries, inchiding the South Fork, above Burnside,
Kentuck}', at its own expense, by the construction of
necessary locks and dams, under the sui)ervision and pur-
suant to ])lans to be submitted to and approved by the
Secretary of War, and the power generated bj^ the con- use of power,
struction of such locks and dams may be utilized by such
company for commercial and other purposes, under the
following express provisions:

That the use of such power shall in no instance impede unobstructed

I • 1 • ,• *■ ^ navigation.

or hmder navigation;

That the locks and dams shall be at least equal in size size of locks,
and capacity to other locks and dams constructed on the*'*'''
Cumberland River;

That they shall be open to all purposes of navigation open to navi-
by the general public, subject to the payment of uniform, s*^*'""-
reasonable rates of toll by all parties using such water-
way, which rates of toll shall be fixed from time to time tou.
by the Secretary of War, and shall at no time produce an
income greater than six per centum, cumulative interest,
on the investment in such locks and dams, after deducting
the cost of maintenance and operation, reckoned from the
beginning, and based on the total initial cost; such locks
and dams. to be kept and maintained by such corporation
without expense to the Government: Provided further, Proviso.
That this franchise shall not be effective unless said cor- g^j^™?,jj°g^^°°'
poration shall commence in good faith the construction of
such improvement witlim eighteen months after the com-
pletion and operation of lock and dam numbered, twenty-
one on said river, and shall afford a permanent navigable '
stage, within the next succeeding five 3^ears, of at least six
feet in de])th, by means of such locks and dams, to the
mouth of Rock Castle River;

That said corporation shall file with the Secretary of Bond.
War, before beginning its construction of such lock and
dam, a suitable bond, to be approved by him, conditioned
to pay all reasonably prospective damages arising from
trespass or overflow or other injury to private rights;

That the right to collect tolls shall cease at the expira- collection of
tion of forty years from the date of completion of lock*°^^,?-,„,. ..

II 11 • 1 • 11 lime limit.

and dam numbered twenty-one on said river, and that operation,
upon the ceasing of the right to collect tolls the United etc*.'°*^°*°''®'
States may assume the possession, care, operation, mainte-
nance, and management of the lock or locks so con-
structed, without compensation to an}" person or persons
or corporation, but without in any way impairing the
right or ownership of the water power and dams created
by said corporation, which shall continue the care and
maintenance of such dams without interference on the
part of the United States;

Congress reserves the right to alter, amend, or repeal Amendment.
any of the provisions of this Act in so far as hi relates to
this franchise.



616



EEPORT OF THE INLAND WATERWAYS COMMISSION



Canals.



Provisos. .
Restrictions.



03)

[Extract from river and harbor act approved June 13, 1902. Stats. L., Vol. 32,

p. 358.]

^Lock and Dam Improving Cumberland River, Tennessee, above Nash-
voi. 32, p. 408. ville : For the completion of Lock and Dam Nmnbered
One and for maintenance, one hundred and five thousand
Lease of water dollars [°]. And the Secretary of War is hereby author-
power, ized, in his discretion," to grant leases or licenses to the
highest responsible bidder for the use of the water power
created by said dam, at such a rate and on such conditions
and for such periods of time as may seem to him expedi-
ent; and he is also authorized, in his discretion, to issue
permits for the construction, maintenance, and operation
of inlet and outlet canals and other structures, on such
plans as he may approve, for the diversion of water afore-
said: Provided, That any lease or license so granted shall
be limited to the use of the surplus water not required
for navigation, and no structures shall be built and no
operations be conducted which shall in any manner injure
navigation, interfere with the operations of the Govern-
ment, or impair the usefulness of any improvement made
t o by the Government for the benefit of navigation ; and the
'^'^" right of Congress to alter, amend, or repeal the provisions
of this paragraph is hereby expressly reserved: Provided
further, That before leasing or licensing such water privi-
leges, or issuing permits for the construction and opera-
tion of such canals, or otherwise disposing of any water
power or privilege, the Secretary of War shall first adver-
tise the same in one or more daily papers at Nashville,
for sixty days immediately preceding, stating specifically
the right or privilege proposed to be leased or conveyed,
with its exact limitations, inviting bids for the same, and
he may, in his discretion, tlien lease the same for a spe-
cific term of years at so much per year, to be paid semi-
annually in cash into the Treasury, and the Secretary of
War shall reserve the right to reject any or all bids.



Right



amend,
served.



etc.,



Advertising.



Bids.



•Tune„28,l902. Chap. 1299.— An Act To amend an Act entitled "An Act making
"• 'P' • appropriations for the construction, repair, and preservation of certain
public works on rivei's and harbors, and for other purposes," approved
June thirteenth, nineteen hundred. and two.

Be it enacted hy the Senate and House of Representatives
Cumberland ^/^^^ United States of America in Congress assembled, That
River, Tenn. the Act entitled ' 'An Act making appropriations for the
of^"^^"'^'''"^"* construction, repair, and preservation of certain public
Vol. 32, p. 358. works on rivers and harbors, and for other purposes,"
approved June thirteenth, nineteen hundred and two, be,
and the same is hereby, amended so that the two para-
graphs thereof providing for the improvement of the Cum-
berland River, Tennessee, below Nashville, and of the

ff This appropriation is increased to $200,000 and the paragraph other-
wise amencfed by act approved June 28, 1902. (See following act.)



STATUTES RELATING TO WATER POWER



617



Cumberland River, Tennessee, above Nashville, shall
read as follows:

''Improving Cumberland River, Tennessee, below ^t^^^'jj^^'^pgt'^
Nashville: For the completion of the lock and dam atsnoais.
Harpeth Shoals and for maintenance, one hundred and
eighty thousand dollars.

" Improving Cumberland River, Tennessee, above Nash- ^0.7.'' ^'"^ ^*™
ville: Continuing improvement, and for maintenance, two
hundred thousand dollars, of which so much as may be
necessary shall be used for the completion of Lock and
Dam Numbered One. And the Secretary of War isieaL^'e'tc.'''"^"
hereby authorized, in his discretion, to grant leases or
licenses to the highest responsible bidder for the use of the
water power created by said dam, at such a rate and on such
conditions and for such periods of time as may seem to
him expedient ; and he is also authorized, in his discretion, construe t i o^n'
to issue permits for the construction, maintenance, and etc., of canals.
operation of mlet and outlet canals and other structures,
on such plans as he may approve, for the diversion of the
water aforesaid: Provided, That any lease or license so ^J!°^**°^^ ^^
granted shall be limited to the use of the surplus water navigation.
not required for navigation, and no structures shall be
built and no operations be conducted which shall in any
manner injure navigation, interfere with the operations of
the Government, or impair the usefulness of any improve-
ment made by the Government for the benefit of naviga-
tion; and the right of Congress to alter, amend, or repeal
the provisions of this paragraph is hereby expressly
reserved: Provided further, That before leasing or licens- Proposals,
ing such water privileges, or issuing permits for the con-
struction and operation of such canals, or otherwise dis-
posing of any water power or privilege, the Secretary of
War shall first advertise the same in one or more daily
papers at Nashville, for sixty days immediately preceding,
stating specifically the right or privilege proposed to be
leased or conveyed, with its exact limitations, inviting
bids for the same, and he may, in his discretion, then
lease the same for a specific term of years at so much per Payments.
year, to be paid semiannually in cash into the Treasury,
and the Secretary of War shall reserve the right to reject
any or all bids."

Approved, June 28, 1902.



Feb. 5, 1907.
Vol. 34, p. 878.

[H.R. 24275.]
[Public, No. 62.]-



(14)

Chap. 467. — An Act Permitting the building of a dam across the Flint
River at Porter Shoals.

Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assemUed, That ^^^ban^'^Power
the Albany Power and Manufacturing Company, a and Mamrfactur-
corporation organized under the laws of Georgia, itsj^lfy^^^'P'^"^
successors and assigns, is hereby authorized to con- Location.

31673— S. Doc. 325, 60-1 40



618 KEPORT OF THE INLAND WATERWAYS COMMISSION

struct and maintain a dam across the Flint River at a
point in Dougherty County, Georgia, about one-fourth
mile above the Georgia Northern Railway bridge across
said river, upon or in the vicinity of Porter Shoals, and
all works incident thereto in the utilization of the power
thereby developed, in accordance with the provisions of

Vol. 34, p. 386. an Act entitled "An Act to regulate the construction of
dams across navigable waters," approved June twenty-



Online LibraryUnited States. Inland Waterways CommissionPreliminary report of the Inland Waterways Commission. Message from the President transmitting a preliminary report → online text (page 72 of 83)