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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the approval hereof.

Sec. 4. That the right to alter, amend, or repeal this Amendment.
Act is hereby expressly reserved.

Approved, June 1, 1906.



(51)

Chap. 1196. — An Act Authorizing the construction of a dam across Feb. 25, 1907.
the Pend d'Oreille River, in the State of Washington, by the Pend Vol- 34, p. 9 31.
d'Oreille Development Company, for the development of water power, rn. R. 24760.'1
electrical power, and for other purposes. iiq^"^**°' ^°'

Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assemMed, That Kjve^r°wash.^'
the consent of Congress is hereby granted to, and it shall



660



REPORT OF THE INLAND WATERWAYS COMMISSION



Pend d'0reme|3e lawful foi', the Peiid d'Oreille Development Company,
Company' ™may a Corporation duly incorporated under the laws of the
^^^- State of Washington, its successors or assigns, to con-



Location.



Vol. 34, p. 3S6.



Amendment.



struct and maintain a dam across the Pend d'Oreille
River at a point at or about where Pierwee Creek empties
into the Pend d'Oreille River, near the international
boundary line in the county of Stevens, State of Wash-
ington, at such point to be selected by the said Pend
d'Oreille Development Company, its successors or assigns,
at the mouth of said Pierwee Creek, or within one thou-
sand feet above or below the same, in accordance with the
provisions of an Act entitled "An Act to regulate the
construction of dams across navigable waters," approved
June twenty-first, nineteen hundred and six.

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

Approved, Februar^^ 25, 1907.



(52)

May 4, 1898. Chap. 238. — An Act Permitting the building of a dam across Rainy

Vol. 30, p. 398. Lake River.



K o o c h i ching
Company may
dam Rainy
River, Minn.



Vol. 31, p. 167
Vol. 32,p . 485.



—lock.



Provisos.
Government
possession.



Passage of saw
logs and fish.

Changes.



Litigation.



Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assemUed, That
the consent of Congress is hereby granted to the Koochi-
ching Company, its successors and assigns, to construct
across the Rainy Lake River, at any part of the rapids
in section twenty-seven, township seventy-one north,
range twenty-four west of the fourth principal meridian,
in the State of Minnesota, 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 suit-
able lock for navigation purposes: Provided, That the
Government of the United States may at any time take
possession of said dam and appurtenant works and con-
trol the same for purposes of navigation by paying the
said company 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 pro-
vide proper facilities for navigation: Provided further.
That the works shall be constructed so as to provide for
the free passage of saw logs and fish. The said Koochi-
ching Company, its successors and assigns, shall make
such change and modification in the works as the Secre-
tary of War may from time to time deem necessary in the
interests of navigation, at its o\Nm cost and expense: Pro-
vided further, That in case any litigation arises from the
obstruction of the channel by the dam, canal, or other
works erected in connection therewith, the case may be
tried in the proper court of the United States in the dis-
trict in which the works are situated.



STATUTES KELATIXG TO WATER POWER 661

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

Sec. 3. That this Act shall be null and void unless the ^^™^fp^,Xon!
dam herein authorized be commenced within one year and voi. 31, p. 107.
completed within three years from the date hereof.

Approved, May 4, 1898.

Chap. 346.— Ah Act -To amend an Act entitled "An Act permit- ^^^^ i; ^^°'^,v,
ting the building of a dam across Rainy Lake River." ' P" ""• .

Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assembled, That ^J^^l '"^'^^"^hi*
section three of an Act entitled "An Act permitting theehingCo.,todam
building of a dam across Rainy Lake River," approved mim" ^ ^'^^''
May fourth, eighteen hundred and ninety-eight, and
granting to the Koocliiching Company, its successors
and assigns, the consent of Congress to construct a dam voi. 30, p. 398.
across the Rainy Lake River, be, and the same is hereby,
amended so as to read as follows:

"That this Act shall be null and void unless the dam voi. 32, p. 485.
herein authorized shall be commenced within three years
and completed within five years after the fourth day of
May, eighteen hundred and ninety-eight."

Approved May 4, 1900.

Chap. 1305. — An Act Relating to the construction of a dam across June 28, 19C2.
Rainy River. Vol. 32, p. 485.



Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assemhJed, That wP*^'"^ nwer,
the time for the construction of a dam across the Rainy Time extended
River by the Koochiching Company, its sviccessors andcMng^^^c^pany
assigns, as provided by chapter two hundred and thirty- to^dam
eight of volume thirty of the Statutes at Large and chapter voi! 31^ p! m'.
three hundred and forty-six of volume thirty-one of the
Statutes at Large, is hereby extended to May fourth, nine-
teen hundred and seven.

Sec. 2. That the Koochiching Company, its successors y^f%
and assigns, is hereby authorized to construct and main- • > p-
tain said dam, subject to the terms of said chapter two
hundred and tliirty-eight of volume tliirty of the Stat-
utes at Large, upon the plans now on file with the Secre-
tary of War, or any modification of said plans which the
Secretary of War may approve; and the Koocliiching Height of dam.
Company, its successors and assigns, is hereby authorized
to construct such dam at such height as will raise the
waters of Rainy Lake to high-water mark: Provided, waste wkj-s.
That said dam shall be furnished with such openings or
gates or waste ways as will carry the waters of the river
at flood stage without raising the water higher than it
would rise in the natural condition of the stream: A7id ^''^^'^g^'^-
provided further. That nothing in tliis Act contained
shall be construed as relie\ang the Koocliiching Com-
pany, its successors or assigns, from liability for any



662 EEPOKT OF THE INLAND WATEEWAYS COMMISSION

damage inflicted upon private property by reason of the
raising of the waters of the lake as aforesaid.
Effect Sec. 3. That this Act shall take effect and be in force

from and after its passage.
Approved, June 28, 1902.

v^^V'la'^^SH Chap. 797. — An Act Relating to a dam across Rainy River.



fPub'iic^^^No ^^ ^^ enacted hy the Senate and House of Representatives
103.] ' / ' of the United States of America in Congress assembled, That
Mkm'.°^ ^" *''^' the Rainy River Improvement Company, a corporation
Rainy River organized Under the laws of the State of Minnesota
Company to sue- for the improvement of the navigation of Rainy River
fomercompinySiid Rainy Lake, and its successors and assigns, upon
filing with the Secretary of War proof satisfactory to
him of its succession to the rights and privileges
granted to the Koochiching Company by the follow-
voi. 30, p. 398. mg Acts of Congress, namely: Chapter two hundred
and tliirty-eight of volume thirty of the Statutes at
Large, "An Act permitting the building of a dam across
Rainy Lake River," approved May fourth, eighteen hun-
voi. 31, p. 167. (jj.g(i and ninety-eight ; chapter three hundred and forty-
six of volume tliirty-one of the Statutes at Large, ''An
Act to amend an Act entitled 'An Act permitting the
building of a dam across Rainy Lake River,' " approved
Vol. 32, p. 485. May fourth, nineteen hundretl ; chapter thirteen hundred
and five, volume thirty-two, of the Statutes at Large, "An
Act relating to the construction of a dam across Rainy
River," approved June twenty-eighth, nineteen hundred
and two, shall have the right, subject to the restrictions,
conditions, and terms of said several Acts, to construct
and maintain the dam provided for therein, at such
Timi^°ot con-^^^o^^^ ^^ ^^^ Secretary of War may approve: Provided,
struction. That such dam shall be completed on or before July first,

nineteen hundred and eight,
jfsion^ °^ ^"*^' ^^^- 2- That upon filing the proof of its succession to
the rights of the Koochiching Company, and the ap-
proval thereof by the Secretary of War, that officer shall
issue to the Rainy River Improvement Company a cer-
tificate of such approval.

vSec. 3. That the right to alter, amend, or repeal this
Act is hereby expressly reserved.
Approved, February 25, 1905.

I n ^R ~i.5444^i Chap. 194. — An Act Extending the time for tlie construction of

— '. — : - ^a dam across Rainy River.

[Public, No.

^^voi. .35, p. B^ «*^ enacted hy the Senate and House of Representa-
-'^^- tives of the United States of America in Congress assem-

T^'m'e^'e x"^- ^^^d^ That the Rainy River Improvement Company, a
tended for corporation organized under the laws of the State of Min-
u"™i°ny^' River nesota, as the successor to the rights and privileges here-
Company.^™^"* lofore granted to the Koochiching Company under the
following acts of Congress, namely: Chapter two hun-
dred and thirty-eight of volume thirty, Statutes at Large,



cession.



Amendment.



STATUTES RELATING TO WATER POWER 663

entitled "An Act permitting the building of a dam across ^Qg°^- ^^' p-
Rainy River," apjDroved May fourth, eighteen hundred
and ninetj^-eight ; and of chapter seven hundred and
ninety-seven of volume thirty-three, Statutes at Large,
entitled "An Act relating to a dam across Rainy River,'' voi 33, p.
approved February twenty-fifth, nineteen hundred and^^'*"
five, and of the various Acts and provisions therein re-
cited amending said Act approved May fourth, eighteen
hundred and ninet3^-eight, and further subject to the re-
strictions, conditions, and terms of all of said Acts, is
liereby authorized to construct and maintain a dam across
Rainy River, Minnesota, at the place designated in said
Acts, in accordance with the provisions of the Act en-
titled "An Act to regulate the construction of dams across voi. 34. p.
navigable waters," approved June twenty-first, nineteen ^^^'
hundred and six, so far as the same shall be applicable
thereto: Provided, That said dam shall be completed on piJ/ion."*^ '''^^
or before Julv, nineteen hundred and eleven.

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

J G Cannon
/Speaker of the Honse of Representatives.

Chrls W. Fairbanks
Vice-President of the United States and

President of the Senate.

In the House or Representati\^s

May 12, 1908.

The President of the United States having returned
to the House of Representatives in which it originated
the bill (H. R. 15444) "An Act extending the time for
the construction of a dam across Rainy River," with his
objections thereto the House proceeded in pursuance of
the Constitution to reconsider the same ; and

Resolved, That the said bill pass, two-thirds of the
House of Representatives agreeing to pass the same.

Attest :

A McDowell Clerk.

In THE Senate of the United States

May 23, 1908.
The Senate having proceeded, in pursuance of the Con-
stitution, to reconsider the bill entitled "An Act extend-
ing the time for the construction of a dam across Rainy
River," returned to the House of ReiDresentatives by the
President of the United States, with his objections, and
sent by the House of Representatives to the Senate, with
the message of the President returning the bill :

Resolved, That the bill do pass, two-thirds of the Sen-
ate agreeing to pass the same.

Attest: Charles G. Bennett

Secretary.
ByH. M. Rose

Asst. Secy.



664



EEPOET OF THE INLAND WATERWAYS COMMISSION



plans.



Sluiceway.



(53)

Mar. 16, 1906. Chap. 953. — An Act Permitting the building of a dam across the
Vol. 34, p. 65. -p^gj Lake River at or near the junction of Black River with said Red
[S. 4128.] Lake River in Red Lake County, Minnesota.

[Public, No.

^^•^ Be it enacted hy the Senate and House of Representatives

R e d L a k e q/" the United States of America in Congress assembled, That
Dam by°'wii- the consent of Congress is hereby granted to Wilham J.
au^oiized."^^^ Murphv, his successors and assigns, to build a dam across
Location. the Red Lake River at or near the junction of the Black
River, so called, with said Red Lake River, in Red Lake
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 in the utilization of the power thereby
Provisos. developed: Provided, That the plans for the construction
wa^tl) ^approve of said dam and appurtenant works shall be sub-
pians. mitted to and approved by the Chief of Engineers and

the Secretary of War before the commencement of the
Modification of construction of the same: And provided further, That
the said William J. Murphy, his successors or assigns,
shall not deviate from such 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 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,
or over said dam without unreasonable delay or hm-
drance and without toll or charges: And provided fur-
ther, That the dam shall be so constructed that the Gov-
ernment of the LTnited States may at any time construct
in connection therewith a suitable lock for navigation pur-
poses, and jnay at any time, without compensation, con-
trol the said dam so far as shall be necessary for purposes
of navigation, . but shall not destroy the water power
developed by said dam and structures to any greater ex-
tent 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 construction of
such dam as he may deem advisable in the interests of
navigation: And provided further, That suitable fish-
ways, to be approved by the United States Fish Commis-
sion, shall be constructed and maintained at said dam by
the said William J. Murphy, his successors or assigns.

Sec. 2. 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 pur-
pose in the State of Minnesota and 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 pro-
visions of law now existing in reference to the protection



Lock.



Changes.



Fishways.



Litiga-tion.



Proviso.
Existing laws
not affected.



STATUTES RELATING TO WATER POWER 665

of the navigation of rivers, or to exempt said structures
from the operation of same.

Sec. 3. That this Act shall be null and void unless the ^ J,j^f„„°f ^°"-
dam herein authorized be commenced within one year
and be completed within three years from the time or the
passage of this Act.

Sec. 4. That the right to amend or repeal this Act is -^"^e^d^ent-
hereby expressly reserved.

Approved, March 16, 1906.



(54)

Chap. 256. — An Act Permitting the building of a dam across the voy'34''^^'
Rock River at Grand Detour, Illinois. °LL '^' L_

[H. R. 8442.]

Be it enacted by the Senate and House of Representatives JJ^^^^^' ' °
of the United States of America in Congress asseinbled, That Rock Rher.

s i>/^ -ii 1 ^ j^ c^ T^ Uam, etc., at

the consent or Congress is hereby granted to Spencer 13. Grand Detour,
Newberrj^ and George A. Blackford, both of the city of i"- «"t^«"^^^-
Sandusk}-, Erie County, Oliio, and Charles H. Hughes,
of Dixon, Lee County, lUinois, their heirs, administra-
tors, successors, and assigns, to build, operate, and
maintain a dam across Rock River near Grand Detour,
Illinois, at any point within one mile distant from the
center of section tliirteen, township twenty-two north,
range nine east of the fourth principal meridian, in the
State of Illinois, 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 in the utilization of the power thereby use of water
developed; and the said Spencer B. Newbeny, George ^"pp^^'-
A. Blackford, and Charles H. Hughes, their heirs, admin-
istrators, successors, and assigns, are hereby authorized
and empowered to draw and divert by canal, flume,
or race irom the pool formed by the construction of the
above dam and works incident thereto, such supply of
water as may be required for the full development arid
utilization of said water power and to conduct said
water through the canal reservation in Grand Detour
and discharge the same into said Rock River at or near
the westerly end of said canal reservation, and also for
that purpose to construct, operate, and maiiitain such
structures and improvements as may be required: Pro- ^^°^^^°^y of
vided, That the plans for the construction of the said dam, Av'ar to approve
canal, and appurtenant works shall be submitted to and p'^"^' ''*'•
approved b}^ the Chief of Engineers and the Secretary- of
War before the commencement of the construction of the
same: And provided further, That the said Spencer B. cuanges.
Newberry, Georo;e A.'^Blackford, and Charles H. Hughes,
their heiVs, administrators, successors, and assigns, shall
not deviate from such plans after such approval either
before or after the completion of the structures therein
described, unless the modification of said plans shall have

31673— S. Doc. 325, 60-1 43



666 REPORT OF THE INLAND WATERWAYS COMMISSION

been previously submitted to and received the approval
of the Chief of Engineers and Secretary of War: And

Fishways. provided further, That suitable fishways shall be con-
structed and maintained by the grantees under the Act at
their own expense, as may be required from time to time
by the United States Fish Commission: And provided

Lock. further, That the said dam shall be so constructed that

the Government of the United States may at anj time
construct in connection therewith a suitable lock for
navigation purposes, and may at any time control the
said dam so far as shall be necessary for the purposes of
navigation, but shall not destroy or impair the water
power developed by said dam, canal, and appurtenant
structures to a greater extent than shall be necessary to
provide proper facilities for navigation, and other pur-
poses of public interest.

Litigation. Sec. 2. That in case any litigation arises from the build-

ing, operation, and maintenance of said dam, canal, and
appurtenant works, or from the obstruction of the river
by the same, or any damages resulting to private property
by overflow or otherwise, proceedings to adjust, deter-
mine, and to recover compensation for such damages shall
be instituted either in the State or Federal courts.
strartfon°* ''°''' Sec. 3. That this Act shall be null and void unless the
dam, canal, and appurtenant works herein authorized be
commenced within three je&xs and completed within six
years from the time of the passage of this Act.

Amendment. Sec. 4. That the right to amend or repeal this Act is
hereby expressly reserved.

Approved, February 16, 1906.



(55)

Mar. 3, 1905. Chap. 1438. — An Act Authorizing the construction of a dam across

Vol. 33, p. 1004. Rock River at Lyndon, Illinois.



[H. R. 15440.] „. 777r( 7TT /-Tl

[Public, No. Be it enacted by the benxite and House oj Representatives

^^Rock River, ni.o/fAe United States of America in Congress assembled, That

ized^™cross*^°at P^^^^^^^^^ ^® given to Edward A. Smith, Harvey vS.

Lyndon. ' Green, and John J. Hurlbert, of Morrison, Illinois, or

their assigns, to erect a dam with an eight-foot head

across Rock River at or near Lyndon, Whiteside County,

Illinois, the south end of said dam to be located near the

line between sections twenty-one and twenty-two in town

twenty north of range five east of the fourth principal

meridian, and the north end of said dam to intersect the

bank of said river in section twenty-one in the same town,

Provisos. range, and meridian: Provided, That the plans for the

war^ to ^approve construction of Said dam shall be submitted to and ap-

pians, etc. provcd by the Chief of Engineers and the Secretary of

War, and until approved by them the construction of the

dam shall not be commenced; and after such approval

the plans shall not be changed, either before or after the



STATUTES RELATING TO WATER POWER 667

completion of the structure, unless authorized by the
Chief of Engineers and the Secretary of War, and the
Secretary of War may at any time require and enforce at
the expense of the owners of the structure such modifica-
tions and changes in said structure as he may deem ad-
visable in the interest of navigation: Provided further,
That the Secretary of War may at any time require the Locks, eta
grantees imder tliis Act to construct at their own expense
in connection with said dam suitable locks, canals, sluice-
ways, or other structures, for the passage of boats and
other water craft, the said structures to be built upon
plans wliich he may approve; and the said grantees shall
maintain and operate said locks, canals, and other struc-
tures at their own expense, and shall pass all water craft
through the same without delay and without any charge
whatever as long as said dam is maintained; and if said
dam and other structures shall be abandoned by the said
grantees at any time, all portions thereof shall be
promptly removed by the grantees at their own expense.

Sec. 2. That before entering upon the construction of ^^ml^r*' ^""^
the works herein authorized compensation shall be made
to any person, firm, or corporation whose lands or other

Property may be taken, overflowed, or otherwise damaged
y the construction, maintenance, and operations of the
said works in accordance with the laws of the State where
such lands or other property may be situated, and if any
litio:ation arises from the construction, operation, or Litigation.
maintenance of the said works, cases may be tried m the
proper courts, as now provided for that purpose in the
State of Illinois and the courts of the United States.

Sec. 3. That such suitable fishways shall be con- Fishways.
structed and maintained by the grantees under this Act at
their own expense as may be required from time to time
by the United States Fish Commission.

Sec. 4. That tliis Act shall be null and void if actual gj™?,jj°^ *'°°-
construction of the dam herein authorized be not com-^
menced within two years and completed within four years
from the date hereof.

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

Approved, March 3, 1905.



(56)



Chap. 1201.— An Act Permitting the btiilding of a dam across Rock vol' 34 ,' p^ 933.

River at Lyndon, Illinois. '■ — '■

•^ - [H. R. 25234.]

Be it enacted by the Senate and House of Representatives iJi-^^^^^^'
of the United States of America in Congress assemUed, That |°J'^^arT' a.
Edward A. Smith, Harvey S. Green, and John J. Hurlbert, smith ct ai. may
of Morrison, Illinois, their heirs, administrators, execu- in°^' ^* ^^ °°'
tors, successors, and assigns, are hereby authorized to
construct and maintain a dam across Rock River at or



668



EEPOKT OF THE INLAND WATERWAYS COMMISSION



Vol. 34, p. 386.



Amendment.



near Lyndon, Whiteside County, Illinois, the south end
of said dam to be located near the line between sec-
tions twenty-one and twenty-two in township twenty
north, range five east, fourth principal meridian, and the
north end of said dam to intersect the bank of said river
in section twenty-one in the same township, range, and



Online LibraryUnited States. Inland Waterways CommissionPreliminary report of the Inland Waterways Commission. Message from the President transmitting a preliminary report → online text (page 78 of 83)