United States. Inland Waterways Commission.

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

. (page 76 of 83)
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tain a canal along the north bank of the Mississippi



Unobstru c t ed



STATUTES RELATING TO WATER POWER 643

River between Leclaire and Davenport, in Scott County,
in the State of Iowa, to erect, construct, operate, and
maintain a power station thereon, and to project, erect,
construct, operate, and maintain such dams and other Dams,
works as may be necessary within said hmits for the
development of water power and the generation, use, and
transmission therefrom of electric energy and power at,
in, and upon the Rock Island Rapids of the Mississippi
River: Provided, That the said canal and appurtenant Provisos.
works shall be so designed, constructed, and operated as navfgation!
not to interfere in any way with the safe and conven-
ient navigation of steamboats and other vessels or of
rafts and barges over the Rock Island Rapids, at any
stage of water; and the expense of any reconstruction
or extension of or addition to existing works for the im-
provement of navigation on the said Rock Island Rapids,
which may be found necessary, in the opinion of the Sec-
retary of War, on account of the construction, mainte-
nance, or operation of the said canal and appurtenant
works, shall be borne by the said company, its successors,
or assigns, under conditions to be prescribed by the Sec-
retary of War: And provided further, That detailed secretary of
plans for the construction and operation of the said canal plans, etc.^^™^^
and appurtenant works shall be submitted to and ap-
proved by the Secretary of War before the commence-
ment of the construction of any portion of the said works ;
and that after the approval of the said plans no devia-
tion therefrom shall be made without the prior approval
by the Secretary of War of the said deviation: And V^^' ^^^°^i^°i .^^
vided further, That the said works and appurtenances Arsenal, etc.
shall be so designed, constructed, and operated as not to
overflow or otherwise damage the lands and other prop-
erty of the United States at Rock Island Arsenal, or in-
jure or diminish the water power of the United States
at the said arsenal, or the water power of any person,
firm, or corporation having hydraulic works already con-
structed: A7id provided further. That before entering payment of
upon the construction of the said works, compensation ^^"^^^®^'
shall be made to any person, firm, or corporation whose
lands or other property may be taken, overflowed, or
otherwise damaged by the construction, maintenance, and
operation of the said works, in accordance with the laws
of the State where such lands or other property may be
situate.

Sec. 2. That the withdrawal of water from the Missis- jjJ^,[otection to
sippi River and the discharge of water into the said river,
for the purpose of operating the said canal and appur-
tenant works, shall be under the direction and control of
the Secretary of War, and shall at no time be such as to
impede or interfere with the safe and convenient naviga-
tion of the said river by means of steamboats or other
vessels, or by rafts and barges, or to injure or diminish
the water power of the United States at Rock Island
Arsenal, or the water power of any person, firm, or cor-



644 REPORT OF THE INLAND WATERWAYS COMMISSION



Litigation.



poration having hydraulic works already constructed:
^.'joytso*.^ Provided, That if any htigation arises from the construc-
tion, operation, or maintenance of the said works, or from
the obstruction of any part of the Mississippi River by the
said works or any portion thereof, cases may be tried in
the proper com"ts as now provided for that purpose in the
States of Illinois and Iowa, and the courts of the United
Fishways. States: Arid 'provided further, That suitable fishways
shall be constructed and maintained by the said company
its successors and assigns, at such of the dams and in such
manner as may be required from time to time by the
United States Fish Commission,
stSon°* '■0^- Sec. 3. That this Act shall be null and void if actual
construction of the works herein authorized be not com-
menced Avdtliin three years and completed within six years
from the date hereof.
Amendment. Seq 4 T^^t the right to alter, amend, or repeal this
Act is hereby expressly reserved.
Approved, April 5, 1904.

Feb. 5, 1907. Chap. 461. — An Act To amend an Act granting to the Davenport

Vol. 4, p. 876 . "w^ater Power Company rights to construct and maintain a canal, power
[H. R. 21677.] Station, and appurtenant works in the Mississippi River in Scott
[PubUc, No. 56.] County, Iowa.

Be it enacted by the Senate and House of Representatives

Ri>er!^iow^a.^^^ ^/^ ^^^ United States of America in Congress assembled, That

Tim'e^extended the Act granting to the Davenport Water Power Com-

eanai by Daven- pauy rights to construct and maintain a canal, power

power^ Company ^^^tion, and appurtenant works in the Mississippi River

between Daven- in Scott Couuty, lowa, approved April fifth, nineteen

Claire. ^° ^hundred and four, be, and it is hereby, amended as fol-

amended.' ^' ^^^' ^^^^ ' I^i section three of said Act strike out the word

''three" and insert the word '"six" in lieu thereof; also

strike out the word "six" and insert the word "nine" in

lieu thereof.

Approved, February 5, 1907.



(36)
[At Sauk Rapids.]

July 5' 188^- Chap. 231. — An Act Granting the consent of Congress to the Saint

° • • P- ^° • Cloud Water Power and Mill Company to construct a dam across the
Mississippi River at Saint Cloud, Minnesota.

Be it enacted by the Senate and House of Representatives
o?T&m^'^ete^^^^^^ ?7m^ed! States of America in Congress assembled. That
across 'Missis- the couscut of Cougress is hereby granted to the Saint
Cloud, Miim!,fu- Cloud Water Power and Mill Company to construct
thorized. across the Mississippi River, at some point within the

incorporated limits of the city of Saint Cloud, a dam,
canal, and works necessarily incident thereto, for water-
wagon and power and other purposes, and in connection therewith a



STATUTES RELATING TO WATER POWER 645

wagon and font-bridge for public travel: Provided, Tbat Not"to' inter-
said dam shall be so constructed as not to interfere with fere with dam
the existing dam and mill at Sauk Kapids, and so that Rapids" "^ '''*'"'
the Government of the United States can at any time
construct in connection therewith a suitable lock for navi-
gation purposes: Provided also, That the Government of Rights of
the United States may at any time take possession of Goyemirient o t
said dam, and control the same for purposes of naviga-^served^*^*^^
tion, by paying said company the actual cost of the same,
but shall not do so to the destruction of the water-power
created bv said dam: Provided further, That the works Proviso.
be constructed so as to provide for the free passage of saw logs, rafts,
saw-logs and rafts, and, when necessary, to permit the''*^"
passage of boats; and, further, that such changes or
modifications in the works as the Secretary of War may
from time to time deem necessary in the interest of navi-
gation shall be made, at the expense of the water-power
company: Provided further. That in case of any litiga- Proviso.
tion arising from the obstruction of the channel by the
dam, canal, or bridge, the cause may be tried in the dis-
trict coiu-t of the United States in which the works are
situated.

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

Approved, July 5, 1884.



(37)



Chap. 167. — An Act Permitting the building of a dam across the v^V'If'^^t'
Mississippi River at or near the village of Sauk Rapids, Benton County, ° ' '^' '
Minnesota. [S.28l8.]

[Public, No.

Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That ^^f^/ s i s s i p p i
the consent of Congress is hereby granted to the Sauk sauk Rapids
Rapids Water Power Company, a corporation organized m a y^ dTnY a°t
under the laws of the Sta^te of Minnesota, its successors ^^^^/^ ^ p ' *^ ^ •
and assigns, to build a dam across the Mississippi River
at or near the Sauk Rapids, so called, in said river, and
at or near the village of Sauk Rapids, Benton County,
Minnesota, for the development of water power, and
such works and structures in connection therewith as
may be necessary or convenient in the development of
said power and m the utilization of the power thereby
developed: Provided, That the plans for the construction i^^^lfiry of
of said dam and appurtenant works shall be submitted to war to approve
and approved by the Chief of Engineers and the Sec- ^ ^^^'
retary of War before the commencement of the construc-
tion of the same: And provided further. That the said p£"^'^^"'^t*



Online LibraryUnited States. Inland Waterways CommissionPreliminary report of the Inland Waterways Commission. Message from the President transmitting a preliminary report → online text (page 76 of 83)