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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sions of law now existing in reference to the protection of
the navigation of rivers or to exempt said structure from
the operation of the same.

Sec. 4. That the right to amend, alter, or repeal this
Act is hereby expressly reserved; and the Act shall be-
come null and void unless the construction of the said
dam is commenced within one year and completed within
three years from the date of approval thereof.

Approved, April 23, 1904.



Amendment.
Time of c o n-
struction.



(41)

Chap. 1136. — An Act To authorize the Missouri River Improvement
Company, a Montana corporation, to construct a dam or dams across
the Missouri River.

Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assembled, That
the consent of the Government is hereby given to the
Missouri River Improvement Company, a Montana cor-
poration, its successors or assigns, to construct across
the Missouri River at some point or points, to be ap-
proved by the Secretary of War, between sections twenty
and twenty-one, township twenty-one north, range five
east, and the north line of township twenty- four north,
range eight east, Montana meridian, a dam and canals
and appurtenances thereof for water power and other
purposes, in accordance with the provisions of the Act
entitled "An Act to regulate the construction of dams
across navigable waters," approved June twenty-first,
nineteen himdred and six, and in connection therewith a
foot bridge or bridges for public use in accordance with
the provisions of the Act entitled ''An Act to regulate
the construction of bridges over navigable waters," ap-
proved March twenty-third, nineteen hundred and six.

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

Approved, Februar}^ 20, 1907.

[Somewhere within a distance of 30 miles above For
Benton.]



Feb. 20, 1907.
Vol. 34, p. 912.

[S.7515.]
[Public, No. 98.]

MissouriRiver,
Mont.

Missouri River
Improvement
Company may
dam, (within 30
miles above Fort
Benton).



Vol. 34, p. 386.

Footbridge.
Vol. 34, p. 84.

Amendment.



652 REPOET OF THE INLAND WATERWAYS COMMISSION

(42)

[At Ox Bow Bend.]

Vol 3^3^'p.^576. Chap. 1821.— An Act To authorize the Ox Bow Power Company, of
South Dakota, to construct a dam across the Missouri River.



[H. R. 11972.]

25^!]'^^'"'' °' Be it enacted hy the Senate and House of Representatives
Missouri River, qJ' fjie United States of America in Congress assembled, That
'ox Bow Power the conseiit of the Government is hereby given to the
st'r™cWa'^mC)x BowPower Company, of South Dakota, its successors
across. or assigus, to construct across the Missouri River, from

lot three, in section twenty-six, township fourteen north,
range three west of the Montana meridian, to the
opposite bank of same river, to be approved by the
Secretary of War, a dam, causeway, and the appurte-
nances thereof for water power and other purposes:
provisos. Provided, That the plans for the construction or said
w^^^'^o a ' ?ove *^^^ ^^^^ appurtenant works shall be submitted to and
plans, etc^^^^ ^ approvcd by the Chief of Engineers and the Secretary of
War before the commencement of construction, and when
so approved no change shall be made in said plans with-
out the prior approval of the Chief of Engineers and the
Secretary of War : Provided further, That the said com-
pany shall construct and maintain in connection with said
Booms, etc. dam a suitable boom and log sluice; that suitable fish-
Fishways. ways, to bc approved by the United States Fish Commis-
sioner, shall be constructed and maintained in said dam
by said corporation, its successors or assigns; and shall
Conveyance of obtain and couvcy to the United States, whenever re-
states*" ^'"**''^ quested to do so by the Secretary of War, clear title to
such land as in his judgment may be required for con-
structions and approaches to said dam for transferring
boats and freight around the same, and shall grant to the
powen''^ '''^^^'^ United States a free use of water power for operating
Bond. such construction work; and to insure compliance with

these conditions the said company shall execute and de-
liver to the Secretary of War a proper bond, in such
amount as may be fixed by him : Ajid provided further,
Damages. That the Said company shall be liable for any damage to
private property resulting from the construction and
operation of said dam and appurtenant works, either by
Proceedings, ovcrflow or othcrwisc, and proceedings to recover com-

gensation for such damage may be instituted either in the
tate or Federal courts.

strSm^ ' """ ^^^- "^- "^^^'^^ ^^^^^ ^^^ ^^^"^^^ ^^ ^^^^^^ '^^^^^ ^*^^^^ unless the
structures herein authorized shall be commenced within
one year and completed within three years from the date
of approval hereof.
Amendment. Sec. 3. That the right to alter, amend, or repeal this
Act is hereby expressly reserved.
Approved, April 28, 1904.'



STATUTES RELATING TO WATER POWER 65S

Chap. 2936.— An Act To amend an act entitled "An Act to authorize Mar. 4, 1907.
the Ox Bow Power Company of South Dakota to construct a dam across ^'^' P" ^'^^^'

the Missouri River." [H. R. 25672.1

[Public, No.
271.1

Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assembled, Thsit Missouri luver,
section two of chapter eighteen hundred and twenty-one Thne extended
of the laws of eighteen hundred and ninety-four, approved po^-e? company
April twenty-eighth, nineteen hundred and four, is hereby to dam, at ox
amended to read as follows : ^°^^ ^^°^'

"Sec. 2. That this Act shall be null and void unless ^Jjj^f^o^ «=« ° -
the structures herein authorized shall be commenced voi. 33,' p. 571,
within one year and completed within three years from*™^° ^ '
the date of approval thereof."

Approved, March 4, 1907, 1 1 a. m.



(43)



(Extract from river and harbor act of June 3, 1896 (Public, No. 175, p. 34, par. 1)
relative to construction of dams across Missouri River above Stubbs Ferry,
Mont.]

Improving the upper Missouri River between Stubbs' Missouri River.
Ferry, in Montana, and the lower limits of Sioux City, Mom., to s^iou^x
Iowa. * * * Provided, That subject to such condi- ^'p^/^J^J'^;'-
tions as the Secretary of War may prescribe, any person, pams per-
company, or corporation may construct a dam or dams""
across said river above Stubbs Ferry, with necessary canal
and improvements to develop water power and for other
useful purposes; * * *



(44)

[Near Stubbs Ferry.]

Chap. 103. — An Act To authorize the Missouri River Power Company june 8, 1894.
of Montana to construct a dam across the Missouri River. Vol. 28, p. 91.



Be it enacted by the Senate and House of Representatives
of the United States of Ainerica in Congress assemhled, That Missouri River
the consent of the Government is hereby given to thedam^Mps^so^u'r^
Missouri River Power Company of Montana, its succcs- ^'^■^'■' ^^°"*-
sors or assigns, to construct across the Missouri River, at
some point at or near the southeast corner of Township
Eleven north, of Range Two west, Montana meridian,
to be approved by the Secretary of War, a dam, canal,
and the appurtenances thereof, for water power and
other purposes, and in connection therewith a foot-
bridge or bridges for public use. Said dam shall be con- secretary of
structed under the supervision and control of the Secre-pla''ns,*etc^^^'^^^^
tary of War, and before the same shall be commenced the
plans and specifications shall be approved by the Secre-
tary of War. The dam shall be furnished with a suitable
boom and log sluice, and the company, or its successors suuee, etc.
and assigns, shall execute to the United States, with



654 REPORT OF THE INLAND WATERWAYS COMMISSION

sureties approved by the Secretary of War, a bond in
such sum as the Secretary may determine, conditioned to
indemnify the United States against all claims for
damages for overflow or otherwise caused by the con-
struction of said dam.
use.Ttr'"'"* Sec. 2. That the United States shall be secured a free
right of way for constructions and approaches to said
dam for transferring boats and freight around the same,
and a free use of water power for operating such con-
struction works.

Sec. 3. That the right to alter, amend, or repeal this
Act is hereby expressly reserved, and the rights and privi-
leges hereby granted to said Missouri River Power Com-
pany shall expire at the end of fifty years from and after
the approval of this Act.
Approved, June 8, 1894.



Amend m e n t
etc.



(45)
[Vicinity of Buck Rapids, Mont.]

Apr. 12, 1906. Chap. 1617. — An Act To authorize the Capital City Improvement
Vol. 34, p. 111. Company, of Helena. Montana, to construct a dam across the Missouri
[S. 4130.] River.

[Public, No. 9.3.]

Be it enacted by the Senate and House of Representatives
^Missouri River, qJ f]^g United States of America in Co7igress assembled, That
Capital City the couseut of the Government is hereby given to the
co^m pi n^^ of Capital City Improvement Company, of Helena, Mont-
?a^m°(in -Ji'cinity ^^^' ^^^ successors or assigus, to construct across the
of Buck Rapids). Missouri Rivcr, at some point between the south line of
township twelve north, range two west, and the north
line of township fourteen north, range three west, Mon-
tana meridian, to be determined by them and approved
bridTs'etc""*'^^ *'^^® Secretary of War, a dam, canal, and appurte-
nances thereof, for water power, and other purposes, and
in connection therewith a foot bridge, or bridges, for
Provisos. public use: Provided, That the plans for the construc-
war'^To^approve tion of Said dam and appurtenant works shall be sub-
pians,etc. mittcd to and approved by the Chief of Engineers and

the Secretary of War before the commencement of con-
struction, and when so approved no change shall be made
in said plans without the prior approval of the Chief of
Engineers and the Secretary of War: Provided further,
That whenever required to do so by the Secretary of
War the said company shall construct and maintain in
|iuk-eway. couiiection with said dam a suitable boom and log sluice;
' ■ that suitable fishways, to be approved by the United
States Fish Commissioner, shall be constructed and main-
tained in said dam by said corporation, its successors and
assigns; and shall obtain and convey to the United
States, whenever requested to do so by the Secretary of
War, clear title to such land as in his judgment may be



STATUTES RELATING TO WATER POWER



655



required for constructions and approaches to said dam
for transferring boats and freight around the same, andjj.Tr^"^|Jer o(
shall grant to the United States a free use of water
power for operating such construction work; and to in-
sure compliance with these conditions the said company-
shall execute and deliver to the Secretary of War a
proper bond in such amount as may be fixed by him: Bond.
And provided fuHher, That the said company snail be
liable for an}^ damage to private property resulting from damages,
the construction and operation of said dam and appur-
tenant works, either by overflow or otherwise, and pro-
ceedings to recover compensation for such damage may
be mstituted either in the State or Federal courts.

Sec. 2. That this Act shall be null and void unless the
structures herem authorized shall be commenced within'
one year and completed within three years from the date
of approval hereof.

Sec. 3. That the right to alter, amend, or repeal this Amendment.
Act is hereby expressl}^ reserved.

Approved, April 12, 1906.



Time of c o n ■
struct ion.



June 4, 1900.
Vol. 31, p. 204



Provisos.



changes.



(46)
Chap. 620. — An Act Permitting building a dam across New River.

Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assembled, That ai.^may dam New
the consent of Congress is hereby granted to F. H, R'^er, va.
Fries and W. C. Rufnn, of the State of North Carolina,
their successors and assigns, to erect, construct, and main-
tain across New River, in Grayson County, Virginia, at
any point within two miles of the mouth of Stevens Creek,
a dam and all other works necessarily incident thereto for
water-power purposes: Provided, That the said F. H.
Fries and W. C. Ruffin, their successors and assigns, shall
make, at their own expense, such change and modifica-
tion of the said dam as the Secretary of War may from
time to time direct in the interests of the navigation of
said river: Provided further, That ladders suitable for the
passage of fish over the said dam shall be constructed and Passage of fish.
maintained by the said parties, their successors and
assigns, as may from time to time be required by the
United States Fish Commissioner : Provided further , That
in case any litigation arises from the obstruction of the Litigation.
channel by the said dam, or works appurtenant thereto,
that the same may be tried in the courts of the United
States having proper jurisdiction.

wSec. 2. That this Act shall become null and void unless ^^c^om^^en c^-
the dam herein authorized shall be commenced within two pietion.
years and completed within five years of the date hereof.

Sec. 3. That the right to alter, amend, or repeal this Amendment.
Act is hereby expressly reserved.

Approved, June 4, 1900.



656 REPORT OF THE INLAND WATERWAYS COMMISSION

(47)

June 18. 1906. Chap. 3340.— An Act To grant to Charles H. Cornell, his assigns and
Vol. 34, p. 297 successors, the right to abut a dam across the Niobrara River on the
[H. R. 17982.] Fort Niobrara Military Reservation, Nebraska, and to construct and
iPubiic No. operate a trolley or electric railway line and telegraph and telephone
■' lines across said reservation.

Be it enacted hy the Senate and House of Representa-
tives of the United States oj America in Congress assem-
j^NJ^ob r a r a j^g^^ That Cliarles H. Cornell, his assigns, assignees,
Charles n. Cor- successors, and grantees, be, and are hereby, privileged,
eta ra^Fort^Ni- authorized, and granted the authority and right to con-
??'''^^J\.^J^t'/^on^ struct, maintain, and use for power purposes a dam across
Nebr? 'the Niobrara River on parts of sections twenty-two and

twenty-seven, township thirty-four north, range twenty-
seven west of the sixth principal meridian, in the State of
Nebraska, and to abut said dam on the east bank of said
Niobrara River upon land which is a part of the Fort
Niobrara Military Reservation, the property of the United
States; and said dam may be of sufficient height and
strength to support a body of water affording or furnish-
ing as much as fifty feet effective head for power purposes.
Overflow etc. with the privilege of backing water upon or overflowing
such part of the Fort Niobrara Military Reservation as
may reasonably result from the proper construction, main-
Damages, tenance, and use of said dam, and that any damages caused
thereb}^ may be assessed by the Secretary of War and paid
to the United States before any construction hereby pro-
Provisos. vided for shall be commenced, * * * Provided, That
piJtion. ^^^ ^^^' ^^6 grants and privileges above specified as to such dam,
water power * * * aforesaid shall become void unless
the construction of said dam be commenced within two
years from the approval of this Act and completed and
put into operation within five years from the approval of
this Act; * * * Provided, That a map of said proposed
Secretary of dam, storage reservoir * * * shall be filed with the
5a^ns,^etc^^^'^°' "^ honorable Secretary of War, and the location thereof shall
b3' him be approved before any of these privileges herein
aforesaid shall become effective : Provided further. That
the privileges herein granted may at any time be rescinded
or suspended by order of the Secretary of War j * * *
Approved, June 18, 1906.



(48)

v1)l 3i'd^729 Chap. 11. — ^An Act Permitting the building of a dam across the
'. '-El L Osage River at the city of Warsaw, Benton County, Missouri.

Be it enacted hy the Senate and House of Representatives

may^aln'o^ge^/^^^ ?7mfe(^ States of America in Congress assembled, That

River. the conseut of Congress is hereby granted to tlie city of

Warsaw, bein::; a city incorporated and organized under

the laws of the State of Misso"uri, its successors or



STATUTES RELATING TO WATER POWER 657

assigns, to construct, erect, and maintain a dam across
the Osage River, in Benton County, in the State of Mis-
souri, at said city of Warsaw, and all work necessarily
incident thereto: Provided, That the said city of Warsaw, chTn"^' •
its successors or assigns, shall make such change and construction.
modification in the works as the Secretary of War may
from time to time deem necessary in the interest of navi-
gation, at its own cost and expense: Provided further,
That in case any litigation arises from the building of Litigation.
said dam, the maintaining of the same, or from the ob-
struction of the 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 Missouri and the
courts of the United States.

Sec. 2. That the right to amend, alter, or repeal this Amendment.
Act is hereby expressly reserved: And provided further, Proviso.
That suitable fishways shall be constructed and main- Fishways.
tained at said dam by said city, its successors and assigns,
as may be required from time to time by the United States
Fish Commissioner.

Sec. 3. That this Act shall be null and void unless the completion.
dam herein authorized shall be completed within three
years of the date hereof: And provided further, That such H'"yd*rauiic
dam shall be constructed in such manner as not to injure works not to be
or diminish the water power of any person or company '"'^'^''^^'^
having a dam or hydraulic works constructed: And pro- Damages.
vided further. That before the construction of said dam
compensation shall be made to any person or company
whose lands may be taken or overflowed in the construc-
tion or maintenance of such dam, in accordance with the
laws of the State of Missouri.

Approved, January 14, 1901.



(49)

Chap. 501. — An Act Authorizing the Pea River Power Company Feb. 23, 1906.
to erect a dam in Coffee County, Alabama. Vol. 34, p. 18.

[H. R. 7085.]

Be it enacted hythe Senate and House of Representatives ^^^F^^^^^' ^^^
of the United States of Ajnerica in Congress assembled, That" Pea River, Aia.
the Pea River Power Company, a corporation, be, and powef coinplny
is hereby, authorized to erect, build, have, and main- ™*^y *^^™-
tain a steel and concrete dam, or dam of other ma-
terial, on Pea River, at a point four miles below, or about Location.
four miles below, the town of Elba, in Coffee County,
State of Alabama: Provided, That the plans of said dam Provisos.
shall be submitted to and be approved by the Chief of wl?' to^'^approve
Engineers and the Secretary of War before construction P^'^ns- ^^''■
is commenced ; and the Secretary of War may at any time changes.
require and enforce, at the expense of the owners, such
modifications m the construction of said dam as he may
deem advisable in the interests of navigation: Provided
/i6r//(fr, That there shall be placed and maintained in con- sluiceways.



658 KEPOET OF THE INLAND WATERWAYS COMMISSION

nection with said dam a sluiceway so arranged as to permit
logs, timber, and lumber to pass around, tlirough, or over
said dam without unreasonable delay or hindrance and

FiBhways. without toll or chargcs; and suitable fishways, to be ap-
proved by the United States Fish Commission, shall be
constructed and maintained on said dam.

Time of con- Sec. 2. That tliis Act shall be null and void unless the
struction. j^^ herein authorized is commenced within one year and

completed -vWthin three years from the date hereof.

Amendment. Sec. 3. That the right to amend or repeal this Act is
hereby expressly reserved.
Approved, February 23, 1906.



(50)

June 1, 1906. Chap. 2568. — An Act Authorizing the construction of a dam across

Vol. 34, p. 205. ^j^g pg^^ d'Oreille River, in the State of Washington, by the Pend
[S. 6038.] d'Oreille Development Company, for the development of water power.

[Public, No. electrical power, and for other purposes.

Be it enacted hy the Senate and House of Representatives
Rivir" ^ ^'^^'"^ ^^ ^^*^ United States oj America in Congress assembled, That
Pend d'Oreille the couseut of Cougrcss is licrebv granted to, and it shall
compan7m?ybe lawful for, the Pend d'Oreille Development Com-
Fau^'walh^'^P^^y^ ^ Corporation duly incorporated under the laws
of the State of Washington, its successors or assigns, to
construct and maintain a dam across the Pend d'Oreille
River at a point at or about the Big Falls (sometimes
kno^\Ti as Metaline Falls) on the Pend d'Oreille River,
in the county of Stevens, State of Washington, such point
to be selected by the Pend d'Oreille Development Com-
pany, its successors or assigns, at said falls, or within one
thousand feet above or below the same, for the purpose of
erecting, operating, and maintaining a power station, and
to maintain inlet and outlet races or canals, and to make
such other improvements as may be necessar}^ for the
devlopment 6f water power, electrical power, and the
transmission of the same, subject always to the provisions
and requirements 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 :
Proviso. Provided, That such dam and works shall not be built or

War*' t^o Approve commenced until after the plans and specifications for
plans, etc. their construction, together with such drawings of the

proposed construction and such map of the proposed loca-
tions as may be required for a hiW understanding of the
subject have been submitted to the Secretary of War for
his approval, and until after he shall have approved such
plan and specifications and the location of such dams and
Changes. acccssory works; when the plans for any dam to be con-
structed under the provisions of this Act have been ap-
proved by the Secretary of War it shall not be lawful



STATUTES RELATING TO WATER POWER 659

to deviate jfrom such plans, either before or after the
completion of the stinicture, unless the modification of
such plans has previously been submitted to and received
the approval of the Secretary of War.

Sec. 2. That the Government of the United States re- Locks, etc
serves the right at any time that the improvement of the
navigation of the Pend d'Oreille River demands it to con-
struct, 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 naviga-
tion purposes, and at all times to control such dam or Protection to
dams or other structures, and the level of the pool caused "'^"^'^'^'°"'
by such dam or dams, to such an extent as may be neces-
sary^ to provide facilities for navigation; and whenever
Congress shall authorize the construction of such lock or
other structures, the Pend d'Oreille Development Com-
pany, its successors or assigns, owning and controlling
such dam or other structures, shall convey to the United .•,9°°^'®^^?^'^^ °{
States, under such terms as Congress shall prescribe, titles states.
to such lands as ma}^ be required for such lock and ap-
proaches, and in addition thereto shall grant to the United ^J^^®^ ^,^^ °^
States free of cost the free use of water power for build- ^ "P"^*"'.
ing and operating such constructions: Provided, That the Proviso.
Pend d'Oreille Development Company, its successors or
assigns, building, maintaining, or operating any dam 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, in
a court of competent jurisdiction. The Pend d'Oreille Lights, etc.
Development Company, its successors or assigns, owning
or operating any such dam, shall maintain at their own
expense such lights and other signals thereon and such
fishways and such ways for the free passage of saw logs
as the Secretary of Commerce and Labor shall prescribe.

Sec. 3. That this Act shall be null and void unless the ,t™^ of f^m-
dam herein authorized shall be commenced within two
years and completed within five years from the date of



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