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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[Public, No .nineteen hundred and six.

205.]

Be it enacted hy the Senate and House of Representatives

TAiasisaiTppiof the United States of America, in Congress assembled, That

^Ttoe extended sectioii three of ail Act entitled ' 'An Act permitting the

wlt^er^mnn.''^'^'^' building of a dam across the Mississippi Eiver at or near

the village of Clearwater, Wright County, Minnesota,"

approved June fourteenth, nineteen hundred and six, be,

and the same herebv is, amended so as to read as follows:

8tSfon°^ """" ''Sec. 3. That this Act shall be null and void unless

Vol. 34, p. 267, the construction of the dam hereby authorized is com-

amen . menccd within one year from June fourteenth, nineteen

hundred and seven, and completed within tliree years

thereafter."

Approved, March'2, 1907.



STATUTES RELATING TO WATER POWER 627

(25)

[At Des Moines Rapids.]

Chap. 30. — An Act Granting to the Des Moines Rapids Power Cora- v*=^|f' ^^^|-
pany the right to erect, construct, operate, and maintain a wing dam, o • 28, p. 38.
canal, and power station in the MissiSvsippi River in Hancock County,
Illinois.

Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assembled, That p^?^ Moines
the assent of Congress is hereby given to the Des co.^' may buiw
Moines Rapids Power Company, a corporation created gjppj- |j*j';;^^'|,f^"
and organized under the laws of the State of Ilhnois,
its successors and assigns, to erect, construct, operate,
and maintain a canal along the east bank of the Missis-
sippi River, between Nauvoo and Hamilton, in Han-
cock County, in the State of Illinois, to erect, construct,
operate, and maintain a power station thereon, and to
project, erect, construct, operate, and maintain a wing
dam five hundred feet into the river from the head of said
canal, and to make such other improvements as may be
necessary within said limit for the development of water
power and the generation, use, and transmission there-
form [sic] of electric energy and power at, in, and upon
the Des Moines Rapids of the jMississippi River: Provided, Provisos.
That the constructions hereby authorized do not in any Navigation not
way interfere with the existing low-water channel over the o^'st'''^''t«d.
Des Moines Rapids, or with any interests of navigation:
A7id provided further, That until the plans and locations ^^,|^^c^"^^^t^^y of
of the works herein authorized, so far as they affect the plans, etc.
interests of navigation, have been approved by the Sec-
retary of War the canal shall not be commenced or built. ^, nimence-

Sec. 2. That this act shall be null and void if actual ment and com-
construction of the works herein authorized be not com- ^^^^^°^-
menced within two 3^ears and completed %\dthin four
years from the date hereof.

Sec. 3. That the right to alter, amend, or repeal this ^^-^ ^ « » ^ment.
act is hereby expressly reserved.

Approved, February 24, 1894.



(26)

[At Des Moines Rapids.J

Chap. 346.— An Act Granting to Keokuk and Hamilton Water ^''^.f^' ^^"l^.
Power Company right to construct and maintain wing dam, canal, — ° ' P' — -
and power station in the Mississippi River in Hancock County, Illinois.

Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That nSnton water
the assent of Congress is hereby given to the Keokuk Power ^co. may
and Hamilton Water Power Company, a corporation sis^ppf River 'fn
created and organized under the laws of the State of Hancock county,
Illinois, its successors and assigns, to erect, construct, Voi. 33, p. so.
operate, and maintain a canal along the east bank of the



628 EEPORT OF THE INLAND WATERWAYS COMMISSION

Mississippi River, between Nauvoo and Hamilton, in
Hancock County, in the State of Illinois, to erect, con-
struct, operate, and maintain a power station thereon,
and to project, erect, construct, operate, and maintain a
wing dam five hundred feet into the river from the head of
the said canal, and to make such other dams and im-
provements as may be necessary within said limits for the
development of water power and the generation, use, and
transmission therefrom of electric energy and power at,
in, and upon the Des Moines Rapids of the Mississippi
Provisos. River: Provided, That the construction hereby author-
wSer''*'°chann7i"i26d ^'^ i^ot ui any Way interfere with the existing low-
Des Moineswater channel over the Des Moines Rapids or with the
Approval" o f interests of navigation : And provided further, That until
plans. ^j^g plans and location of the works herein authorized, so

far as they affect the interests of navigation, have been
approved by the Secretary of War the canal or other im-
provements shall not be commenced or built.
men^^lnd'^om: Sec. 2. That this Act shall be null and void if actual
pietion. construction of the works herein authorized be not com-

menced within three years and completed within six
years from the date hereof.
Amendment. Sec. 3. That the light to alter, amend, or repeal this
Act is hereby expressly reserved.
Approved, February 8, 1901.

Vol. 33,'p. 56! Chap. 171. — An Act To amend an Act granting to the Keokuk and
~ ■ Hamilton Water Power Company right to construct and maintain a

'fp'ubiic^^Vo ^^™' ^'^^ ^° forth, approved February eighth, nineteen hundred
32.] ' ' and one.

Be it enacted hy tJie Senate and House of Representatives



j^.^J^^^'^^ipp'o/f/i6 United States of America in Congress assemhled, That

Time extended the Act granting to the Keokuk and Hamilton Water

Keoku™' '''^'a'n^d Power Company right to construct and maintam wing

Power^co ^^ '^^'^^ ^^^^' caual, and power station in the Mississippi River

Vol. 31," p. 764, in Hancock County, Illinois, approved February eighth,

amended. nineteen hundred and one, be, and it is hereby, amended

as follows: In section two of said Act strike out the

word "three" andmsert the word "four" in lieu thereof;

also strike out the word "six" and insert the word

"seven" in lieu thereof.

Approved, February 26, 1904.

Feb. 9, 1905. Chap. 566. — ^An Act Granting to the Keokuk and Hamilton Water
Vol. 33, p. 712. Power Company rights to construct and maintain for the improve-
[H. R. 15284.] ment of navigation and development of water power a dam across the
[Public, No. 65.] Mississippi River.

Be it enacted hy the Senate and House of Bepresevtatives

Yi^r^r^^^^^^^^^of the United States of America in Congress assembled, That

Keokuk and the asscnt of ConOTess is hereby given to the Keokuk

Hamilton Water i tt Mj. ttt i. t") r^ i*

Power Company and Hamilton Water rower Company, a corporation
Momct^"Rapids! ^^^^t^*^^ ^^^ Organized under the laws of the State of
Iowa. 'Illinois, its successors, and assigns, to erect, construct,



STATUTES RELATING TO WATER POWER 629

operate, and maintain a dam, with its crest at an eleva-
tion of from thirty to thirty-five feet above standard low
water, across the Mississippi River at or near the foot of
the Des Moines Rapids, from Keokuk, Iowa, to Hamilton,
Illinois, and to construct, operate, and maintain power
stations on or in connection with the said dam, with suit-
able accessories for the development of water power, and
the generation, use, and transmission therefrom of elec-
tric energy and power to be derived from the Des Moines
Rapids on the Mississippi River: Provided, That in lieu g''''^^f°''„ ^j
of the three locks and the dry dock, with their appurte-of lock and dry
nances, now o^vned and operated by the United States, at'^°''^' ^^^'
the Des Moines Rapids Canal, the said Keokuk and Ham-
ilton Water Power Company shall build, coincidentally
with the construction of the said dam and appurtenances,
at locations approved by the Secretary of War, a lock
and dry dock with their appurtenances; the said lock Restrictions.
shall be of such a kind and size and shall have such
appurtenances and ecpiipment as shall convenientl}^ and
sately accommodate the present and prospective com-
merce of the Mississippi River ; the said dry dock and its
appurtenances shall be such as to give space, facilities, and
conveniences for the repair of vessels at least equal to
those afforded by the existing Government dry dock and
shops at the Des Moines Rapids (J!anal: And j)rovided
further, That the said dam and appurtenant works shall jjg^.fg"^^-*^^"*'* '^ **
•be so designed, located, constructed, maintained, and
operated, and the said lock and dry dock, with their ap-
purtenances, shall be so designed, located, constructed
and equipped, as to permit at all times during the season
of navigation, and at any stage of water, the safe and
convenient navigation of steamboats and other vessels,
or of rafts and barges, through the portion of the Missis-
sippi River now occupied by the Des Moines Rapids, as
well as through the entire length of the pool formed by
the said dam: And iirovided furtlier, That detailed plans secretarj' of
for the construction and operation of the said dam, lock, plans, etc*^^™^ "^
dry dock, and appurtenant works, shall be submitted to
and approved by the Secretary of War before the com-
mencement of any portion of the said works; and the supervision of
said works shall be constructed under the supervision of et^'"''*^'^
some engineer officer of the Army designated for that
purpose, and that after the approval of the said plans
no deviation therefi'om shall be made without the prior
approval of the Secretary of War of any such deviation;
And provided further. That compensation shall be made f^r damages!' ''^
by the said Keokuk and Hamilton Water Power Com-
pany to all persons, firms, or corporations whose lands or
other property may be taken, overflowed, or otherwise
damaged by the construction, maintenance, and opera-
tion of the said works in accordance with the laws of the
State where such lands or other property may be situ-
ated; but the United vStates shall not be held to have in- th^°°"fT^^'|7e°i
curred any liability for such damages by the passage of states.



630 EEPOET OF THE INLAND WATERWAYS COMMISSION

Operation of t^^jg Act: And i^Tovided further , That when the said dam,
dMk. ^^ '^^lock, dry dock, and appurtenant works shall have been
completed to the satisfaction of the Secretary of War, the
United States shall have the ownership and control of the
said lock, dry dock, and their appurtenances, and oper-
ate and maintain the same.
navS'ti^n°° *° Sec. 2. That the withdrawal of water from the Missis-
sippi River and the discharge of water into the said river,
for the purpose of operating the said power stations and
appurtenant works, shall be under the direction and con-
trol of the Secretary of War, and shall at no time be such
as to impede or interfere with the safe and convenient
navigation of the said river by means of steamboats or

Proviso. other vessels, or by rafts or barges: Provided, That the

Fishways. said Company shall construct such suitable fishways as
may be required from time to time by the Secretary of
Commerce and Labor.

Cost ofpC^oii- gEc 3 That, except as provided for below in this sec-
tion, the Keokuk and Hamilton Water Power Company
shall bear the entire cost of locating, constructing, main-
taining, and operating the structures and appurtenances

Provisos. provided for in this Act: Provided, That the United

Cost of super- States shall bear the cost of the supervision of the work
by an engineer officer of the Army as provided for in sec-
tion one of this Act, and also the cost of maintaining and
operating the lock and dry dock with their appurte-
nances, after their completion and due acceptance by the •
Secretary of War on behalf of the United Stsites: And

Power plant, provided further, That the Keokuk and Hamilton Water
Power Company shall provide, in connection with such
lock, dr}^ dock, and appurtenances, a suitable power plant
for operating and lighting the same, according to plans
and specifications submitted to and approved by the Sec-
retary of War.

Repeal of form- ggc, 4. That the Act entitled "An Act granting to the
^"^v^i'si,?. 764. Keokuk and Hamilton Water Power Company right to
construct and maintain wing dam, canal, and power sta-
tion in the Mississippi River in Hancock County, Illi-
nois," approved Februan,^ eighth, nineteen hundred and
one, is hereby repealed.

Time of con- Sec. 5. That this Act shall be null and void if actual
construction of the works herein authorized be not com-
menced within five years and completed within ten years
from the date hereof.

Amendment. §£0. 6. That the right to alter, amend, or repeal this
Act is hereby expressly reserved.
Approved, February 9, 1905.



STATUTES RELATING TO W4T'ER POWER 631

(27)
Chap. 211.— An Act To authorize the Grand Rapids Water Power ^f^-^' ^^^



and Boom Company, of Grand Rapids, Minnesota, to construct a.
dam and bridge across the Mississippi River.

Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assemhled, That ^^^^^^ ^^^wer
the consent of Congress is hereby granted to the Grand and Boom co.
Rapids Water Power and Boom Company, of Grand MfsSplfiilver
Rapids, Minnesota, its successors and assigns, to con- at Grand Rapids,
struct across the Mississippi River, at a point within the vof. 3i, p. 33.
hmits of the village of Grand Rapids, ^linnesota, to^at^r-poW^er
be approved by the Secretary of War, a* dam, canal, and purposes,
works necessarily incident thereto, for water-power
purposes, and a wagon and foot bridge if desired in con-
nection therewith for the purpose of travel. Said dam
shall be so constructed that there can at any time be
constructed in connection therewith a suitable lock for
navigation purposes : Provided, That the Government of ^^°^'/°*n, e n t
the United States may at any time take possession of control, etc.
said dam without compensation aud control the same for
purposes of navigation, but shall not do so to the destruc-
tion of the water power created by said dam to any
greater extent than may be necessary to provide proper
facihties for navigation: Provided also, That said damg^^°°^*'""^*'°°'
shall be so constructed that it will not at any time raise
the water surface, at a point three hundred feet above
said dam, to an elevation higher than the floor of the
sluices of the reservoir dam built by the Government at
Pokegama Falls on the Mississippi River, in section
thirteen, township fifty-live, range twenty-six west of
the fourth principal meridian, ^Minnesota: Prot^id'f'i? /wr- j Passage of saw
ther, That said dam shall be so constructed as to provide
for the free passage of saw logs ^^■ithout tolls or charges;
and the said company shall construct and maintain, at
its own expense, suitable fishways, to be approved by Fishways.
the United States Fish Commissioner; and the said com-
pany", its successors and assigns, shall make such change Changes.
and modification in said dam, canal, and works incident
thereto, and said bridge, as the Secretary of War may
from time to time deem necessary in the interests of navi-
gation, at its own cost and expense : Provided further. Litigation.
That in case any litigation arises from the obstruction
of the channel by said dam, canal, and works incident
thereto, or such bridge, the case may be tried in the
proper court of the United States in the district in which
said works are situated.

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

Sec. 3. That this Act shall be null and void unless said^j^c^o^^J^^^^^^l
dam herein authorized be commenced within one year andpietion.
completed within three years from the date hereof.

Approved, February 27, 1899.



632 EEPORT OF THE INLAND WATERWAYS COMMISSION

Feb. 27, 1900. Chap. 26. — An Act To amend an Act entitled "An Act to authorize
Vol. 31, p. 33. ^Yie Grand Rapids Water Power and Boom Company, of Grand Rapids,
Minnesota, to construct a dam and bridge across the Mississippi River,"
approved February twenty-seventh, eighteen hundred and ninety-
nine.

Be it enacted hy the Senate and House of Rei^resentatives
Time extended oftlie United States of America in Congress assembled, That
water'^Po^ver section three of an Act entitled "An Act to authorize the
a°^s°°™%i*° Grand Rapids Water Power and Boom Company, of
sissippi River at Grand Rapids, Minnesota to construct a dam and bridge
Grand api s, ^^^.^^^ the Mississippi River," approved February twenty-
seventh, eighteen hundred and ninety-nine, is hereby
amended so as to-read as follows:
Vol. 30, p. 904. ug^^^ 3_ rp^^ ^j^-g ^^^ gj^^jj ^^ ^^^ij ^^^1 void unless

said dam herein authorized be commenced within two
years and completed within four years from the date
hereof."

Approved, February 27, 1900.



(28)

Julys, 1886. Chap. 623. — An Act To authorize the improvement of the water-
Vol. 24, p. 123. po-^^er of the Mississippi River at Little Falls, Minnesota.

Be it enacted hy the Senate and House of Representatives

Little Falls of the United States of America in Congress assembled, That

cl^*may°buiidit shall be lawful for the Little Falls Water-Power Com-

itttio Fran's Mit- P^^y of Minnesota to improve and develop the water-

sissippi River, power in the Mississippi River at Little Falls, in the State

^"^°' of Minnesota, by constructing, maintaining, and operating

in said river, at said Little Falls, dams, piers, sluice

ways, canals, locks, ponds, breakwaters, abutments, and

Provisos. niill sites for manufacturing purposes. Provided, That

there shall be placed and maintained in connection

Sluiceway, etc., with Said dam and other works a sluice-way, lock, or

logs.etT'^^^ °^ other fixture sufficient and so arranged as to permit

logs, timber, and lumber to pass around, through, or over

said dam or other works without unreasonable delay or

hindrance, and without tolls or charges: Provided further.

That the Secretary of War may at any time require such

Changes. changes and alterations to be made in said works, at the

expense of said water-power company, as he may deem

advisable and necessary in the interest of navigation.

Sec. 2. That the right to alter, amend, or repeal this
act is hereby expressly reserved.
Approved, July 3, 1886.



(29)

Mar. 5, 1898. Chap. 37. — An Act Permitting the building of a dam between Coon
Vol. 30, p. 253. Rapids and the north limits of the city of Minneapolis, Minnesota,
across the Mississippi River.

Be it enacted hy the Senate and House of Reiwesentatives
of the United States of America in Congress assembled, That
the consent of Congress is hereby granted to the Twin



STATUTES RELATING TO WATER POWER 633

City Rapid Transit Company, its successors or assigns, j,jYd" -ivansi^
to construct across the Mississippi River, at any point co. may con-
between Coon Rapids and the north hne of the limits uItoss *^*^ifsfs-
of the city of Minneapolis, a dam, canal, and works ?'pp* River be-

.-,''. . -, , , 1 ^ , p , tween Coon Rap-

necessarily incident thereto, tor water-power purposes, ids and Minne-

The said dam shall be so constructed that there can, at '^^volsi, p. 75.

any time, be constructed in connection therewith a suit- p^^r^^os

able lock for navigation purposes: Provided, also, That Possession by

the Government of the United States may at any time^*'^'"'°''°*''**^-

take possession of said dam and appurtenant works and

control the same for purposes of navigation by paying

the said company the value not exceeding the actual cost

of the same, but shall not do so to the destruction of the

water power created by said dam to any greater extent

than may be necessary to provide proper facilities for

navigation : Provided further, That the works shall be con- i^^s^^^^^ °' ^'^^

structed so as to provide for the free passage of saw logs.

The said Twin City Rapid Transit Company shall make

such change and modification in the works as the Secre- changes.

tary of War may from time to time deem necessary in

the interests of navigation, at its own cost and expense:

Provided further. That in case any litigation arises from be^'*^^* pederi^

the obstruction of the channel by the dam, canal, or ap- court.

purtenant works, the case may be tried in the proper

Federal court of the United States in which the works are

situated.

Sec. 2. That the right to amend, alter, or repeal this Amendment.
Act is hereby expressly reserved: And provided further, Proviso.
That suitable fisnways, to be approved by the United rishways.
States Fish Commisioner, shall be constructed and
maintained at said dam by the Twin City Rapid Transit
Company, its successors or assigns.

Sec. 3. That this Act shall be null and void unless thej^2i*t"'a2d^?o'i^
dam herein authorized be commenced within two years pietion.
and completed within five years from the date hereof.

Approved, March 5, 1898.

Chap. 189. — An Act Permitting the building of a dam between Coon ^PF-J,^' ^^•
Rapids and the north limits of the city of Minneapolis, Minnesota, ' P'

across the Mississippi River.

Be it enacted hy the Senate and House of Representatives
of the United States of America inCongress assembled, That ^'^ ^d'^T?an*sit
the consent of Congress is hereby granted to the Twinc9., may dam
City Rapid Transit Company, its successors or assigns, ^'coon^itilj'ids^
to construct across the Mississippi River, at any ^tc^^^ '

point between Coon Rapids and the north line of the ' '^'
limits of the city of Minneapolis, a dam, canal, and works
necessarily incident thereto, for water-power purposes.
The said dam shall be so constructed that there can, at any
time, be constructed in connection therewith a suitable
lock for navigation purposes: Provided, also. That the Provisos.
Government of the United States may at any time take Government
possession of said dam and appurtenant works and con- ''°°*'^°''
trol the same for purposes ot navigation by paying the

31673— S. Doc. 325, 60-1 41



634



EEPORT OF THE INLAND WATERWAYS COMMISSION



logs



said company the value not exceeding the actual cost of
the same, but shall not do so to the destruction of the
water power created by said dam to any greater extent
than may be necessary to provide proper facilities for
Passage of saw navigation: Provided further, That the works shall be
constructed so as to provide for the free passage of saw
logs. The said Twin City Rapid Transit Company shall
make such change and modification in the works as the
Secretary of War may from time to time deem necessary
in the interests of navigation, at its own cost and expense :
Provided further, That in case any litigation arises from
the obstruction of the channel by the dam, canal, or
appurtenant works, the case may be tried in the proper
Federal court of the United States in wliich the works
are situated.

Sec. 2. That the right to amend, alter, or repeal this
Act is hereby expressly reserved: And provided further,
That suitable fishways, to be approved by the United
States Fish Commissioner, shall be constructed and main-
tained at said dam by the Twin City Rapid Transit Com-
pany, its successors or assigns.

Sec. 3. That this Act shall become null and void unless
the dam herein authorized be commenced on or before the
first day of July, nineteen hundred and one, and be com-
pleted within three years thereafter.

Approved, April 12, 1900.



Changes.



Litigation.



Amendment.

Proviso.

Fishways.



Commence-
ment and com-
pletion.



June 25, 1906.
Vol. 34, p. 456.

[S. 6451.]
(Public, N o
282.]



Mississippi
River.

Commission to
report on use of
surplus water,
Miimesota.



Composition.



Scope.



Use for com-
mercial, etc.,
power.



(30)

Chap. 3530. — An Act To provide for a commission to examine and
report concerning tlie use by the United States of the waters of the
Mississippi River flowing over the dams between Saint Paul and
, Minneapolis, Minnesota.

Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assembled, That
a commission is hereby created to examine and report to
the Secretary of War, for transmission to Congress, con-
cerning the use of the surplus water which shall not be
needed for the purposes of navigation flowing over the
dams now under construction by the United States in
the Mississippi River between the cities of Saint Paul and
Minneapolis, Minnesota.

That such commission shall be composed of one oflScer
of the Corps of Engineers of the United States Army, one



Online LibraryUnited States. Inland Waterways CommissionPreliminary report of the Inland Waterways Commission. Message from the President transmitting a preliminary report → online text (page 74 of 83)