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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meridian, and all works incident thereto in the utilization
of the power thereby developed, in accordance with the
provisions of an Act entitled ' ' An Act to regulate the con-
struction of dams across navigable waters,'' approved
June twenty-first, nineteen hundred and six.

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

Approved, February 25, 1907.



(57)

May 1, 1906. Chap. 2072. — An Act Permitting tlie building of dams across the

Vol. 34, p. 155. north, and south branches of Rock River, adjacent to Vandruffs Island
[H R. 14508.] ^i^d Carrs Island, and across the cut-off between said islands, in Rock
[Public, No. Island County, Illinois, in aid of navigation and for the development
137.] of water power.

Be it enacted hy the Senate and House of Representatives
RockRiver, lu. of the United States of America in Congress assemUed, That

vif ^ay^^dam^'fn the couscut of Cougrcss is hereby granted to Samuel S.

Country. ^^^'^'"'^ Davis, of the city of Rock Island, in the county of Rock
Island and State of Illinois, his heirs, executors, admin-
istrators, and assigns, to build, operate, and maintain
Location. dams across the north and the south branches or chan-
nels of Rock River adjacent to Vandruft's Island and to
Carrs Island, and across the cut-off between said islands,
in said county of Rock Island, State of Illinois, in aid of
navigation and for the develoi)ment of water power, to-
gether with such works and structures in connection there-
with as may be necessary or convenient in the develop-
ment of said power and the utilization of the power
thereby developed; said dams may be built at or near the
sites of the dams formerly existing across said branches
and said cut-off, or at any place or places between said
sites and the dams now constructed at or near the head of
said Carrs Island for the jDurposes of the IHinois and
Canal, etc. Mississippi Canal, and the said Samuel S. Davis, his heirs,
executors, administrators, and assigns are hereby author-
ized and empowered to draw and divert by canal, flume,
or race, or canals, flumes, and races, from the pool formed
by the construction of said dams and works incident there-
to, such supply of water as may be required for the full
and complete development and utflization of said water
power, and to discharge the same into said Rock River or
some branch or channel thereof at or near the lower part
of said Vandruffs Island, or at some place or places on or
near the north shore of said river or of the north branch
or channel thereof opposite to or below said Vandruffs
Island; and also for that purpose to construct, operate,



STATUTES EELATING TO WATER POWER



669



and maintain such structures and improvements as may
be necessary or convenient: Provided, That such dams £7^"/°^ of
shall not be built or commenced until the plans and speci- war to approve
fications for their construction, together with such draw- ^ '*°^'
ings of the proposed construction and such map of the
proposed locations as may be required for a full under-
standing of the subject, have been submitted to the Secre-
tary of ^Yar for his approval, or until he shall have ap-
proved such plans and specifications and the location of
such dams and accessory works; and when the plans for
any dam to be constructed under the provisions of this
Act have been approved by the Secretary of War it shall
not be lawful to deviate from such plans, either before or
after completion of the structure, unless the modification
of such plans has previously been submitted to and re-
ceived the approval of the Secretary of War: Provided,
That in approving said plans and locations such condi- Locks, etc.
tions and stipulations may be imposed as the Secretary
of War may deem necessar}^ to protect the present and
future mterests of the United States, which may include
the condition that said Samuel S. Davis, his heirs, execu-
tors, administrators, or assigns, shall construct, maintain,
and operate, without expense to the United States, in con-
nection with said dams and appurtenant works, a lock or
locks, booms, sluices, or any other structures which the
Secretary of War at any time may deem necessary in the
interest of navigation, in accordance with such plans as
he may approve, and also that whenever Congress shall
authorize the construction of a lock or other structures
for navigation piu"poses in connection ^dth such dams,
the person o^wning such dams shall convey to the United
States, free of cost, title to such land as may be required
for such constructions and approaches, and shall grant to
■ the United States a free use of water power for building
and operating such constructions: And provided further,
That suitable fishways shall be constructed and main- Fishways.
tained in said dams by said Samuel S. Davis, his heirs,
executors, administrators, or assigns, at his or their own
expense, as may be required from time to time by the Sec-
retary of Commerce and Labor : And provided further,
That said dams and other structures shall be so con- j^i^^o^^p. «^ ^^'^
structed as in the judgment of the Secretary of War notnai.
to interfere with the Illinois and Mississippi Canal and not?o''be aflected
the operation thereof, and the Secretary of War shall at
any time control said dams so far as shall be necessary for
the purposes of said last above-mentioned canal, but shall
not destroy or impair the water power developed by said
dams, canals, and appurtenant structures to a greater ex-
tent than shall be necessary to provide proper facilities
for the navigation of said Illinois and Mississippi^ Canal
or other purposes affecting navigation ; and the said Sec-
retary of War may impose reasonable charges for the use
of the flowage rights of the United States, if any, below
the sites of the present Government dams at the head of



670 EEPOKT OP THE INLAND WATERWAYS COMMISSION

south^Branchof^^^*^ Capis Island: And provided further, That the Sec-
Kock River retary of War is hereby authorized, if in his judgment
the interests of the United States will not be injured there-
by, to permit the dam across the south branch of Rock
River to be located and built on land belonging to the
United States, under and subject to such terms and condi-
tions as he may consider just and reasonable.

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

building, operation, and maintenance of said dams, ca-
nals, and appurtenant works, or from the obstruction of
said river by the same, or any damages resulting to pri-
vate property by overflow or otherwise, proceedings to
adjust, determine, and recover compensation for such
damages may be instituted in any court of competent
jurisdiction.

Time of con- Sec. 3. That uulcss the actual construction of the
dams herein authorized shall be commenced within one
year and completed within three years after the passage
of this Act, the rights and privileges herein granted, so
far as they pertain to the construction of any dam or
dams not then completed, shall cease and determine.

Amendment. Sec. 4. That the right to alter, amend, and repeal this
Act is hereby expressly reserved.
Approved, May 1, 1906.



(58)

[Extract from river and liarbor act approved March 2, 1907. Stats. L., Vol. 34, p.

1103.]

Dam ^Imthor- ^'^^ Secretary of War is authorized to permit the Ster-
ized across, at ling Hydraulic Company, of Sterling, Illinois, to erect,
sterimg. owu, and operate a power station in connection with the

dam built or to be built by the United States in Rock
River at or near Sterling, Illinois, in connection with the
Provisos. construction of the Illinois and Mississippi Canal: Pro-
cation^et^. ° °'vided, That the location and plans of said power station
shall be subject to the approval of the Secretary of War:
toKbstruct"ed! Provided further, That the navigation of Rock River and
of the Illinois and Mississippi Canal and the operation
and maintenance of said dam shall be in no way obstructed
thereby: And jwovided further. That prior to the issue
Condition. of said permit the Sterling Hydraulic Company shall
waive any and all claims that it may have against the
United States by reason of the construction, operation,
and maintenance of the Illinois and Mississippi Canal,
except such claims as it may have for the abstraction
from Rock River of more than three hundred cubic feet
of water per second when the flow of Rock River imme-
diately above is less than one thousand cubic feet of
water per second.



STATUTES RELATING TO WATER POWER 671

(59)

Chap. 513. — An Act Permitting the building of a dam across the Feb. 7, 1903.
St. Croix River at or near the village of St. Croix Falls, Polk County, Vo l. 32, p. 802.
Wisconsin.

Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That ^f^l^- ^y^^ ° ^ ^
the consent of Congress is hereby granted to St. Croix st! croix
Falls Wisconsin Improvement Compan}^, a corporation impro\'^ement
organized under the laws of the State of Wisconsin, and9°- ^* livT^^J

m /-^ • T-\ n ■» f T /-^ aam at at. Croix

to St. Croix r alls JViinnesota Improvement Company, FaUs.
a corporation organized under the laws of the State of
IVIinnesota, or either of them, their and each of their sue
cessors or assigns, to build a dam across the St. Croix
River at or near the St. Croix Falls, so called, in said
river, and all works incident thereto in the utilization of
the power thereby developed: Provided, That the plans Protisos.
for the construction of said dam and appurtenant works proveT by^t^e
shall be submitted to and approved by the Cliief of Engi-'^''"''taryofwar
neers and the Secretary of War before the commencement
of the construction of such dam: And provided further,
That said St. Croix Falls Wisconsin Improvement Com-
pany and said St. Croix Falls Minnesota Improvement
Company, or either of them, their and each of their suc-
cessors or assigns shall not deviate from such plans after
such approval either before or after the completion of the
structure, unless the modification of said plans shall have
previously been submitted to and received the approval of
the Cliief of Engineers and of the Secretary of War:
And provided further, That there shall be placed and main- construction of
tained in connection with said dam a sluiceway so ar- '''""^'''^'^^•
ranged as to permit logs, timber, and lumber to pass
around, through or over said dam, mtliout unreasonable
delay or liindrance, and without toll or charges; that tlie^.^^ifistona\nga-
Government of the United States may, at any time, con-
struct in connection therewith a suitable lock for naviga-
tion purposes, may at any time without compensation
control the said dam for purposes of navigation, but shall
not destroy the water power created by said dam 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- changes,
struction of said dam and may make such regulations for
the operation of said dam as he may deem advisable in the
interests of navigation.

Sec. 2. That in case any litigation arises from the build- Litigation.
ing 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
States of Wisconsin and Minnesota, and in the courts of
the United States.

Sec. 3. That this Act shall be null and void unless the Time of con-
dam herein authorized be commenced wdthin two years



672 REPOET OF THE INLAND WATERWAYS COMMISSION

and completed within five years from the time of the pas-
sage of tliis Act.
Amendment. Sec. 4. That the Tight to amend or repeal this Act is
hereby expressly reserved.
Approved, February 7, 1903.



(60)

Apr. 5, 1906. Chap. 1368. — All Act Permitting the building of a dam across the

Vol. 34, p. 102. Q.^^y^^ Joseph River near the village of Bemen Springs. Berrien County,

[H. R. 16671.] Michigan.
[Public, No:

^"'^ Be it enacted hy the Senate and House of Representatives

/mch'^'^^^^'''^f^^^ f7mie(Z States of America in Congress assembled, That
Berrien Springs the conscnt of Coiigress is hereby granted to the Ber-
S^co^'m'^paiiyrien Springs Power and Electric Company, a corpora-
may dam. iIq^^ organized under the laws of the State of Michigan,

Location. . o . , ^ . '

its successors and assigns, to construct, erect, and main-
tain a dam across the Saint Joseph River, in Berrien
County, in the State of Michigan, at any point within two
miles south of the highway bridge at Berrien Springs, to-
gether with all necessary works appurtenant thereto:

Provisos. Provided, That the plans of said dam shall be submitted
war"t''o''approveto and be appi'ovcd by the Chief of Engmeers and the
plans, etc. Secretary of War before construction is commenced; and

the Secretary of War may at any time requhe and enforce,
at the expense of the owners, such modifications in the
construction of said dam as he may deem advisable in the
interest of navigation: Provided further. That there shall
be placed and maintained in connection with said dam a

Sluiceway sluiccway SO arranged as to permit logs, timber, and lum-
ber to pass around, through, or over said dam without
um-easonable delay or hindrance and without toll or
charges, and suitable gates, wens, and sluices shall be pro-
vided in said dam and shall be so operated as to furnish
at all times the flow of water necessary for the navigation
of the Saint Joseph River below Berrien Springs; and

Fishways. Suitable fishwa3"s, to be approved by the United States
Fish Commission, shall be constructed and maintained on
said dam.

Damages. Sec. 2. That before the construction of said dam shall

be begun, the permission of the board of supervisors of
Berrien County, Michigan, shall be obtained thereto, and
compensation shall be made for all property taken or
damages thereby occasioned according to the laws of the
State of Michigan.
stSon"^ '°°' Sec. 3. That this Act shall be null and void unless the
dam herein authorized is commenced within one year and
completed within tlu'ec years from the date hereof.

iVmendment. Sec. 4. That the right to amend or repeal this Act is
hereby expressly reserved.
Approved, April 5, 1906.



STATUTES RELATING TO WATER POWER 673

(61)

Chap. 2579. — An Act To autliorize Herman L. Hartenstein to con- Mar. 2, 1907.
struct a dam across the Saint Joseph River, near the village of Mott- Vol- 34, p. 1254
ville. Saint Joseph County, Michigan. [H. r. 25832.1

[Public, No.

Be it enacted hy the Senate and House of Representatives'^-^
of the United States of America in Congress assembled, That (.j.^^jf^'^^®?^ ^'^'"
Herman L. Hartenstein, a citizen of the State of Michi- Herman l.
gan, his heu-s and assigns, be, and they are hereby, may* dam, ^at
authorized to construct, maintain, and operate a dam^""^"'*^-
across the Saint Joseph River, at any point up the
stream within one mile fi'oni the highway bridge at the
village of Mottville, Saint Joseph County, in tlie State
of Michigan, in accordance with the provisions of the
Act entitled '' An Act to regulate the construction of dams Voi. 34, p. 386.
across navigable waters," approved June twenty-first,
nineteen hundred and six.

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

Approved, March 2, 1907.



(62)



Chap. 2555. — An Act Permitting the building of a dam across the M^ar. 2, 1907.
Savannah River at Andersonville Shoals. Vol. 34, p. 1240 _

[U. R. 25848.]

Be it enacted hy the Senate and House of Representatives 2x1^^'^^^^' ■^°'
of the United States of America in Congress assembled, That s a v a n n a h
the J. R. Earle Development Company, a corporation jT^r. Earie De-
to be organized under the laws of South Carolina, pan^™nay daS^
its successors and assigns, is hereby authorized to con- at AndersonviUe
struct and maintain a dam across the Savannali River, ^
extending from a point in Hart County, Georgia, to a
point in Anderson County, South Carolina, upon or in
the vicinity of Andersonville Shoals, and all works inci-
dent thereto in the utilization of the power thereby devel-
oped, in accordance with the provisions of an Act entitled voi. 34, p. 386.
"An Act to regulate the construction of dams across navi-
gable waters," approved June twenty-first, nineteen hun-
dred and six.

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

Approved, March 2, 1907.



674 EEPOET OF THE INLAKD WATERWAYS COMMISSION.

(63)

Mar. 2, 1907. Chap. 2553. — An Act Permitting the building of a dam across the

Vol. 34, p. 1240. Savannah River at Calhoun Falls.



[Public, No. Be it enacted hy tTie Senate and House of Representatives
^^1 a V a n n a h ofthe United States of America in Congress assembled, That
^H^'^h MacRae^^^ Hugh MacRae (.'ompany, a corporation organized
Company m a'y uncler the laws of Soutli Carolina, its successors and
dam^ at caUioun j^gg-gj^g^ is hereby authorized to construct and maintain
a dam across the Savannah River extending from a
point in Elbert County, Georgia, to a point in Abbe-
ville County, South Carolina, upon or in the vicinity of
Calhoun Falls, and all works incident thereto in the
utilization of the power thereby developed, in accordance
Vol. 34, p. 386. with the provisions of an Act entitled "An Act to regu-
late the construction of dams across navigable waters,"
approved June twentj^-first, nineteen hundred and six.
Amendment. Sec. 2. That the right to amend or repeal this Act is
hereby expressly reserved.
Approved, March 2, 1907.



(64)

Mar 2 1907 Chap. 2580. — An Act Permitting the building of a dam across the

Vol.' 34, p. 1255. Savannah River at Cherokee Shoals.



[pubiicf^iJo. Be it enacted hy the Senate and House of Representatives
^^s\ V a n n a h ofthc United States of America in Congress assemhled, That
River, Ga. and the Hugli MacRae Company, a corporation organized
^Hiigh MacRae under the laws of South Carolina, its successors and
Company ni ay ^ggjg^g jg hereby authorized to construct and maintain

dam, at Cherokee i° ' ,i in i -o- , ^• i-^

shoals. a dam across the Savannah Kiver extendmg rrom a

point in Elbert County, Georgia, to a point in Abbe-
ville County, South Carolina, upon or in the vicinity of
Cherokee Shoals, and all works incident thereto in the
utilization of the power thereby developed, in accordance
Vol. 34, p. 386. with the provisions of an Act entitled "An Act to regu-
late the construction of dams across navigable waters,"
approved June twenty-first, nineteen hundred and six.
Amendment. Sec. 2. That the right to amend or repeal this Act is
hereby expressly reserved.
Approved, March 2, 1907.



(65)

Feb. 8, 1901. Chap. 344. — An Act Permitting the building of two dams across

'^- ' • the Savannah River above the city of Augusta in the State of Georgia.

Be it enacted hy the Senate and House of Representatives

p^Ir Co ^mJ ^f^^^ United States of America in Congress assembled, That

dam Savannah the couscnt of Cougrcss is hereby granted to Twin City

clIeKS-^c.^^^^^oweT Company, a corporation organized under the

laws of the State of South Carolina, its successors or



STATUTES RELATING TO WATER POWER



675



Litigation.



assigns, to construct, erect, and maintain a dam across
the Savannah River at or near where Dortons Creek, in
the county of Edgefield, State of South Carolina, empties
into the Savannah River, and all works incident thereto
in the utilization of the power thereby developed; and
also a dam across the said river at or near the southern— also at Prices
end of Prices Island in said river, and about five miles
from the mouth of Dortons Creek, and all works incident
thereto in the utilization of the power thereby developed:
Provided, That each of the dams constructed shall be Provisos.
provided with an accessible lock of such capacity as may Locks.
be prescribed by the Secretary of War: Provided also,
That the plans for the construction and maintenance of secretary of
said dams and appurtenant works shall be submitted to plans, ete*.^^'°^^
and approved by the Chief of Engineers and the Secretary
of War before the commencement of the construction of
such dam or dams, and that the said Twin City Power
Company shall not deviate from such plans after such
approval, either before or after completion of the same,
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: Provided
further, That in case any litigation arises from the build-
ing of said dam or dams, the maintaining of the same, or
from the obstruction of said river by the said dam or
dams or appurtenant works, cases may be tried in the
proper courts as now provided for that purpose in the
States of South Carolina and Georgia, and the courts of
the United States.

Sec. 2. That the right to amend or repeal this Act is
hereby expresslj^' reserved: And provided further, That
suitable fishways shall be constructed and maintained at
said dams by said company, 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 one completion,
of the said dams herein authorized shall be completed
within five years from the passage of this Act, and unless
both dams shall be completed within the same time the
rights and privileges hereby granted shall cease and be
determined so far as pertains to the incompleted dam:
And provided further. That such dam or dams shall be
constructed in such manner as not to iniure or diminish No injury to

. 1 , p 1 . • J existing hydrau-

the water power or any person or company having a dam uc works,
or hydraulic works already constructed: And provided
further. That before the construction of either of said Damages,
dams compensation shall be made to any person or com-
pany whose lands may be taken or overflowed in the
construction or maintenance of such dam or dams, in
accordance with the laws of the State where said lands
may be situate.

Approved, February 8, 1901.



Amendment.

Proviso.

Fishways.



Provisos.



676 EEPORT OF THE INLAND WATERWAYS COMMISSION

Feb. 27, 1907. Chap. 2074. — An Act Authorizing tlie Twin City Power Company
Vol. 34, p. 1000. jq build two dams across the Savannah River above the city of Au-
[S. 8182.] gusta, in the State of Georgia.

[Public, No.

134] Be it enacted hy the Senate and House of Representatives

Bnviinn ah of the United States of America in Congress assembled, That

^Tw'in City the Twin City Power Company, a corporation organ-

Power Company i2ed Under the laws of the State of South Carohna,

may dam, at. i • i n ^i i i

Dortons Creek its successors and assigus, be, and tney are hereby, au-
iTndf s.^c.'^^^ ^^" thorized to construct, maintain, and operate a dam
across the Savannah River, at or near where Dortons
Creek, in the county of Edgefield, wState of South Caro-
lina, empties into the Savannah River, and also a dam
across the said river at or near the southern end of Prices
Island in said river and about five miles from the mouth
Vol. 34, p. 38(i. of Dortons Creek in the State of South Carolina, in ac-
cordance with the provisions of the Act entitled "An Act
to regulate the construction of dams across navigable
waters," approved June twenty-first, nineteen hundred
Trn^^^of con-^^^^ ^^-^' P^ovidcd, That one of said dams shall be com-
struction. plctcd witliiu three years, and the other within five years

from the passage of this Act.
Amendment. gj,^, 2. That the right to alter, amend, or repeal this
Act is hereby expressly reserved.
Approved, February 27, 1907.

February 29, CHAP. 55. — An Act To authorize the Twin City Power Company
^^[1 372G ] ^*^ build, operate, and maintain three dams across the Savannah
— — ^^ — River, above the city of Augusta, in the State of Georgia.

[Public, No.

Vol. 35, p. 36. Be it enacted hi/^ the Senate and House of Representa-
tives of the United States of America in Congress assem-
say&nna.hl)Jed, That the Twin City Power Company, a corporation
'tw' i n City Organized under the laws of the State of South Carolina,
pan^may dam! Jts succcssors and assigus, be, and they are hereby, author-
ized to construct, maintain, and operate a dam across the



Online LibraryUnited States. Inland Waterways CommissionPreliminary report of the Inland Waterways Commission. Message from the President transmitting a preliminary report → online text (page 79 of 83)