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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Secretary of War may approve."

Approved, January 7, 1905.

[Extract from river and harbor act approved March 3, 1905. Stats. L., Vol. 33. p.

1133.]



Location.



Scott Point.
Lock gates.



Proviso.
Contracts.



Improving Tennessee River, Tennessee: Continuing
improvement by the partial construction of lock gates at
the lock projected at or near Scotts Point, together with (Hales bar.)
the cost of superintendence and the preparation of plans
to be made by the United States, ten thousand dollars:
Provided, That a contract or contracts may be entered
into by the Secretary of War for such materials and work
as may be necessary for the further prosecution of said
work, to be paid for as appropriations may from time to
time be made by law, not to exceed in the aggregate forty
thousand dollars exclusive of the amount herein appro-
priated.

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

1093.]

Improving Tennessee River at Hales bar, Tennessee : ^^^ ' ® ^ '^'^'■'
Completing improvement, sixty-two thousand nine hun-
dred and seventy dollars.



(75)

Chap. 517. — An Act To authorize the construction of dams and
power stations on the Tennessee River at Muscle Shoals, Alabama.



Mar. 6. 1906.
Vol. 34, p. 52.

[H. R. 297.]
[Public, No. 35.]



Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled. That Rn-er° n e s s e e
any person, company, or corporation having authority Dams at mus-
therefor under the laws of the State of Alabama may authorized. ^''
hereafter erect, maintain, and use a dam or dams in or voi. 34, p. 1094.
across the Tennessee River, in the State of Alabama,
at such pomts at Muscle Shoals as they may elect, and the



686 REPORT OF THE INLAND WATERWAYS COMMISSION

Secretary of War may approve, between a point on the
southern side of the river opposite to, or below the head
or opening of the canal constructed by the United States
on the north side of the river, on the east, and the western

Construction ^^^® ^^ scctiou sixtceu, towusliip three, range ten on the
etc., of power west, for the purpose of erecting, operating, and main-
stations, taining power station and to maintain inlet and outlet
races or canals and to make such other improvements on
the southern bank of the Tennessee River, between the
two points above mentioned, as may be necessary for the
development of water 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 Sec-
retary of War for the protection of navigation and the
property and other interests of the United States.

Secretary of Sec. 2. That detailed plans for the construction and
plans, eta^^^°^^ operation of a dam or dams and other appurtenant and
necessary works shall be submitted by the person, com-
pany, or corporation desiring to construct the same to the
Chief of Engineers and the Secretary of War, with a
map showing the location of such dam or other structures
with such topographical and hydrographic data as may
be necessary for a satisfactory understanding of the
same, which must be approved by the Chief of Engineers
and the Secretary of War before work can be commenced
on said dam or dams or other structures; and after such
approval of said plans, no deviation whatsoever there-
from shall be made without first obtaining the approval
of the Chief of Engmeers and the Secretary of War:

Provisos. Provided, That the constructions hereby authorized do

navfgatfon."° ^ Hot interfere with the navigation of Muscle Shoals Canal

or the navigation of the Tennessee River: And j^rovided

Restrictions, further, That said dam or dams and works shall be lim-
ited only to the use of the surplus water of the river, not
required for the navigation of the Muscle Shoals Canal or
the Tennessee River, and that no structures shall be built
and no operations conducted by those availing themselves
of the provisions of this Act which shall injure or inter-
fere with the navigation of the Muscle Shoals (^anal or
impair the usefulness of any improvement made by the
Government in the interest of navigation.

Locks, etc. Sec. 3. That the Government of the United States re-

serves the right, at any time that the improvement of the
navigation of the Tennessee 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
navigation purposes, and at all times to control such dam
or dams or other structures, and the level of the pool
caused by such dam or dams, to such an extent as ma}^ be
necessary to provide facilities for navigation; and when-
ever Congress shall authorize the construction of such
lock or other structures, the person, company, or corpo-



STATUTES RELATING TO WATER POWER 687

ration owning and controlling such dam or dams or other
structures shall convoy to the United vStates, under such
terms as Congress shall prescribe, titles to such land as
may be re(]U!rcd for the use of such lock and approaches,
ancl in addition thereto shall grant to the United wStates,
free of cost, the free use of water power for building and
operating such constructions: Provided also, That the P'^oviso.
person, company, or corporation building, maintaining,
or operating any dam or dams or other structures under
the provisions of this Act shall be liable for any damage Damages.
that may be inflicted thereby upon private property,
either by overflow or otherwise, in a court of competent
jurisdiction. The person, company, or corporation own-
ing or operating any such dam shall maintain, at their
own expense, such lights and other signals thereon and Lights, etc.
such fishways as the Secretary of Commerce and Labor
shall prescribe.

Sec. 4. That all the rights acquired under tliis Act piFa^j^^" *» ^om-
shall cease and be determined if the person, compan}?^, or tions, etc.
corporation accjuiring such right shall at any time fail to
comply with any of the provisions or requirements of
this Act, or with any of the stipulations that may be pre-
scribed by the Chief of Engineers and the Secretary of
War, or in case a person, company, or corporation au-
thorized by the laws of the State of Alabama to erect
and maintain a dam and improvements as contemplated
by this Act shall fail to begin the erection of said dam
and improvements within two years after being so au-gtraSfon"^ '^°°'
thorized and shall fail to complete the same within five
years after obtaining such authority.

Sec. 5. That the provisions of this Act shall in no man- nofaflectfd"^^*'
ner interfere with or impair the rights of any person,
company, or corporation heretofore authorized by Con-
gress to erect a dam or other structures for the develop-
ment of water power on the Tennessee River.

Sec. 6. That the right to alter, amend, or repeal this Amendment.
Act is expressly reserved.

Approved, March 6, 1906.

[Tennessee River, Muscle shoals. Extract from river and harbor act approved
March 2, 1907. Stats. L., Vol. 34, p. 10J4.]

Improving Tennessee River at Colbert and Bee Tree coibert and
shoals, Alabama: Continuing improvement, two hundred A^f. ''^' "^ °'^^'
thousand dollars: Provided, That the Secretary of War contract.
may enter into a contract or contracts for such materials
and work as may be necessary for the completion of said
project, to an amount not exceeding two hundred and
thirteen thousand dollars, exclusive of the amounts herein
and heretofore appropriated or authorized. And the 'S'ec-^ Board ^to^ex-
retary of War may appoint a Board of Engineers whose tions, etc.
duty it shall he to examine the present condition of the water power.
United States canal and the Tennessee River from the
head of Elk River Shoals to the Florence Railway bridge
in the State of Alabama, with a view to permitting the



688 REPORT OF THE INLAND WATERWAYS COMMISSION

improvement of the above-described stretch of said river
by private or corporate agency in conjunction with the
development of water power by means of not more than
three locks and dams; and the said Board may examine
any plans presented by such agency and shall report
whether the same, if constructed, can, without injury to
navigation, or with advantage thereto, be used to develop
water power, and what portion, if any, of the expense of
Report. i]^Q work sliould be borne by the United States; and such

Board shall report its findings not later than the first
Muscle ^shoals Mouday in December, nineteen hundred and seven, and
permits with- until sucJi Board shall maJce its report and action shall
^H^oi. 34, p. 52. he talcen thereon hy Congress no permits shall he issued
under the provisions of the Act approved March sixth,
nineteen hundred and six, entitled '^An Act to authorize
the construction of dams and power stations on the Ten-
nessee River at Muscle Shoals, Alahama.^^



(76)

Mar. 3, 1899. Chap. 437. — An Act Granting to the Muscle Shoals Power Company
Vol. 30, p. 1351. right to erect and construct canal and power stations at Muscle Shoals,
Alabama.



Be it enacted hy the Senate and House of Representatives
p^" r^^co^^mw ^/ ^^'^ f/nife^Z States of America in Congress assemhled, That
construct canal, the couscut of Cougress is hereby given to the Muscle
Ihoais? AL'^"**'^*' Shoals Power Company, a corporation created and organ-
ized under a charter granted by the legislature of the State
of Alabama, its successors or assigns, to erect, construct,
operate, and maintain inlet and outlet races or canals and
a power station or stations at a point or pomts at or near
the Muscle Shoals in Tennessee River, and to make such
other improvements as may be necessary within said
limits for the development of water power and transmis-
Provisos^ sion of the same : Provided, That the constructions hereby
w i t°h'^ M usTfe authorized do not in any way interfere wdth the Muscle
Shoals Canal, etc. gj-^Qg^lg Q^nal, or witli navigation of said river: Provided
further. That until the plans and location of the works
herein authorized, so far as they affect the interests of
seV^e'ta^r °f navioi;ation, have been approved by the Secretary of War,
War. the improvements shall not be commenced or built, and

the Secretary of War is authorized and directed to fix
reasonable charges for use of said power.
Commencement Sec. 2. That uulcss the work herein authorized be com-

and completion. i • i • i i i • i • i

Vols. 31, pp. menced withm one year and completed withm three years
2/4,846, 32, p. «.39.^j.^j^^ ^j^^ ^l^^^ licrcof, the privileges hereby granted shall

cease and be determined.
Amendment. Sec. 3. That the right to alter, amend, or repeal this
Act is hereby expressly reserved.
Approved, March 3, 1899.



STATUTES RELATING TO WATER POWER 689

Chap. 779. — An Act To amend an Act granting to the Muscle Shoals June 6, 1900.
Power Company right to erect and construct canal and power stations Vol- 3i, p. 274.
at Muscle Shoals, Alabama.

Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That p^ver'^ co ^c^nat
section two of an act entitled ' ' An act granting to the Mus- and power sta-
cle Shoals Power Company right to erect and construct *'vois.3o, p. 1351 ;
canal and power stations at Muscle Shoals, Alabama," |^^p- ^^*''' ^2, p!
approved March third, eighteen hundred and eighty-nine,
be, and the same is hereby, amended so as to read as follows :

"Sec. 2. That unless the work herein authorized bet/^^^fp^^^^^^
commenced within two years, and completed withm four work,
years from the date hereof, the privileges hereby granted
shall cease and be determined."

Approved, June 6, 1900.

Chap. 672. — An Act To extend the time granted to the Muscle Shoals Mar. i, 1901.
Power Company by an Act approved March third, eighteen hundred Vol- 31, p. 846.
and ninety-nine, within which to commence and complete the work
authorized in said Act to be done by said company.

Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, ^^^^ to^-^li^^i^olxs
the time allowed the Muscle Shoals Power Company Power co. to
by section two of an Act entitled ''An Act granting et™^ ft^ Mu^ie
to the Muscle Shoals Power Company right to erect ^'^^/^\^'3^'^- ^^^
and construct canal and power stations at Muscle voi. 3i;p!274.'
Shoals, Alabama," approved March third, eighteen hun- o-32. p-839.
dred and ninety-nine, to commence and complete the work
therein authorized to be done, be extended so that unless
the work authorized to be done in said Act be commenced
witliin two years and completed within four years from
the date of this Act the privileges granted to said com-
pany by said first-mentioned Act shall cease and be de-
termined.

Approved, March 1, 1901.

Chap. 565. — An Act To extend the time granted to the Muscle Shoals Feb. is, 1903.
Power Company by an Act approved March third, eighteen hundred ^ "*• ^^' P" ^^"
and ninety-nine, within which to commence and complete the work
authorized in the said Act to be done by said company, and for other
purposes.

Be it enucted by the Senate and House of Representatives
of the United States of America in Congress assembled, That . Muscle shoais,
the time allowed the Muscle Shoals Power Company tended for con-
by section two of an Act entitled "An Act granting ni^i^et'p%°MS-
to the Muscle Shoals Power Company right to erect cie shoa'is "rower
and construct canal and power stations at Muscle voi. 30, p. 1351.
Shoals, Alabama," approved March third, eighteen hun-84e'-^^' ^P" ^^'
dred and ninety-nine, to commence and complete the work
therein authorized to be done be extended so that unless
the work authorized in said Act to be done be commenced
within two years and completed within four years from
the date of this Act the privileges granted to said com-



690 REPOET OF THE INLAND WATERWAYS COMMISSION

pany by said first-mentioned Act shall cease and be deter-
mined; and the Secretary of War is authorized, in his
Construction of discretion, to permit the said company to erect and con-
^^^' struct dams which may abut on lands of the United States

along the line of the Muscle Shoals Canal upon such terms
and conditions as may be deemed just and equitable to the
public interests.

Approved, February 18, 1903.



(77)

Feb. 14, 1889. Chap. 165. — An Act To authorize and empower the Mount
Vol.2r),p. G70. Carmel Development Company to draw water from the Wabash

Kiver, or its tributaries, in the county of Wabash, and State of

Illinois.

Be it enacted by the Senate and House of Representa-
tives of the United States of America in Concjress assem-
meY"r)eveio^ ^''^^^^' "^hat the Mount Carmel Development Company, a
ment Co. may corporation Created and existing under the laws of the
DEd^ n-om A^a- ^'^tatc of Illinois, be. and the same is hereb}', authorized
bash River, 111. and empowered to construct and operate, during its cor-
porate existence, a hydraulic canal from any point on the
Wabash River above the lock and dam now in process of
construction at the (irand Rapids of said Wabash River,
or from any tributary of said river within the county of
AYabash and State of Illinois, to any j^oiiit on said river
within the corporate limits of the city of Mount Carmel,
Illinois; and to draw from said Wabash River or tribu-
tary thereof such supply of water as may be required for
T^^be*'' con- *^^^ pui'poses of such Corporation: Provided^ That such
trolled by Sec- withdrawal be not detrimental to the interests of naviga-
retary of War. ^j^j^ ^^^^ j^^ subjcct to the direction and control of the Sec-
retary of War.

Approved, February 14, 1889.

Feb. 12,1901^ Chap. 358. — An Act Authorizins the Mount Carmel Develop-
\ol. 31. p. I So. ti^g;j^ Company to draw water from Wabash River at Grand
Kapids, Wabash County, Illinois.

Be it enacted hy the Senate and House of Representa-
tives of the United States of America in Congress assem-
mefDe^veUp-''^^^^^^ That the Mount Carmel Development Company, a
ment Co. may corporation chartered by the State of Illinois as of the
from^^ Wabash date of October twenty-sixth, nineteen himdred, be, and
Rapids^ ill^^^ ^^^® same is hereby, authorized and empowered to draw,
by canal, flume, or race, from the pool of the Grand
Rapids dam of the Wabash River, in the county of
AVabash and State of Illinois, such supply of water as
iiiay be necessary or required for the purposes of said cor-
i'rovi8os. poration during the continuance of said corporation : Pro-
suppiy,*etc. ^^ ^'ided^ That such withdrawal of water shall not be so
great as to be detrimental to the navigation of said



STATUTES RELATIiSTG TO WATER POWER 691

Wabash Eiver, and shall be under the direction and con-
trol of the Secretary of War: And prorided further,
That the said corporation shall submit detailed plans,
showing- the location and method of construction of said
canal, flume, or race, to the Secretary of War for ap- wa^'^'^to^"^ ap^
proval; and until he shall approve the same the workpi"ve plans,
hereby authorized shall not be commenced.
Approved, Februarv 12, 1901.



(78)

Chap. 3564. — An Act Granting to the Batesville Power Company June 2S, 1906.
right to erect and construct canal and power stations at Lock and Dam Vol- 34, p. 536.
Numbered One, upper White River, Arkansas. rn. R. 13106.1

[Public. No.

Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assembled, That . "^J^*® ^•^''^'■'
the consent of Congress is hereby given to the Batesville Batesviiie
Power Company, a corporation created and organized may*^' coM?ract
under a charter granted by the State of Arkansas, its canal, etc at

. '^^ . ,- , , . 1 ' • Lock and Dam

successors or assigns, to erect, construct, operate, and mam- no. i for power
tain inlet and outlet races, canals, or other structures and s^"^'°"-
a power station or stations at or near Lock and Dam
Numbered One, upper Wliite River, Arkansas, and to make
such other improvements as may be necessary for the
development of water power from Pool Numbered One,
and the transmission or application of the same : Provided, ^^^'^^"^^^^^
That the constructions hereby authorized are not built on
any lands belonging to the United States and do not in any
way impair the usefulness of any improvement made by
the Government for the benefit of navigation : Provided, control of wa-
fartJier, That in the operation of the aforesaid construc-
tions the withdrawal of water from the river shall at all
times be under the direction and control of the Secretary
of War, and that until the 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 improvements shall not be commenced or built, and
the Secretary of War is authorized and directed to fix from
time to time reasonable charges to be paid by said com-
pany for the use of said power.

Sec. 2. That unless the work herein authorized be com- g^J^j^^f^j^^ ^'"^'
menced within one year and completed within three years
from the date hereof the privileges hereby granted shall
cease and be determined.

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

Approved, June 28, 1906.



692 REPORT OF THE INLAND WATERWAYS COMMISSION

(79)

June 29, 1906. Chap. 3622. — An Act To enable the Secretary of War to permit the
Vol. 34, p. 628. erection of a lock and dam in aid of navigation in the White River,
[H. R. 18596.] Arkansas, and for other purposes.
[Public, No.

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

White River, of the United States of Americain Congress assembled, That
^j\A. omberg.the Secretary of War be, and lie is hereby, authorized
lock Tnd ^dlim and empowered to grant permission to J. A. Omberg,
across. junior, to build and construct a lock and dam across the

Wliite River at such point above Lock Numbered Three,
now built or being built by the United States, as may be
approved by the Secretary of War, the said lock and dam
t£) be constructed under his direction, supervision, and
control, and in accordance with and conformity to the
plans and designs as may be approved by the Chief of En-
proviso. gineers of the United States Army: Provided, That the
plans and designs of the said structure shall be prepared
Construction, by the Said contracting party at his own expense; and
the said contracting party shall purchase and pay for all
lands on either side of the river that may be necessary to
the successful construction and operation of said lock and
dam, including flowage rights and rights of way for ingress
and egress from public liighways, and deed the same to
the United States, and make all excavations, erect all
Transfer free of stone, coucrctc, and timber work, furnish all materials of
^°^^- every character, and pay for all labor employed in the

construction of said lock and dam, and give said lock and
dam to the United States completed, free of all cost, ex-
pense, claims, or charges of any kind whatsoever.
Time of con- Sec. 2. That thc said individual undertaking the con-
struction, struction of said work shall begin the building of said lock
and dam witliin eighteen months from the passage of this
Act, and the same shall be completed within two years
from the date of beginning the construction, the right be-
ing reserved to the United States to enter on the construc-
tion of said lock and dam, if deemed advisable, at any
time before the work is commenced by said contracting
party; or if begun and not carried on in strict accordance
with the directions of the Secretary of War, then the
United States may assume the further construction and
completion of said work at its option, the cost of such fur-
ther construction and completion to be paid by the said
contracting individual.
Deed. Sec. 3. That the deed to the United States to the land
10 be purchased and donated to the same, as mentioned in
the first section of this Act, shall be executed and deliv-
ered within twelve months after the passage of this Act;
Character of and, further, that the Secretary of War shall determine
'^°^^' from time to time whether the work is being properly
done, and may require an increase in force to be employed
by the contractor, so as to force the work to completion
within the limit mentioned in the Act.



STATUTES RELATING TO WATER POWER 693

Sec. 4. That in consideration of the construction of said powtr privTieges"
lock and dam, free of cost to the United States except as
provided in section one of this Act, the United States
hereby grants to the person constructing said lock and
dam under the provisions of this Act such rights as it
possesses to use the water power produced by said dam
and to convert the same into electric power or otherwise
utilize it for a period of ninety-nine years : Proiiided, That Provisos.
he shall furnish the necessary electric current while hisrent."'^'^'^"^ ^^'^'
power plant is in operation to move the gates and operate
the locks and to light the United States buildings and
grounds free of cost to the United States: Pt^ovided fur-
ther, That the said person shall operate and maintain the j^^p " J" '^ * ' " g
said locks, affording passage to all boats and craft desiring
to use the same, but the Secretary of War, in the interest
of navigation, may relieve him of this obligation: And
'provided further, That the plans for the necessary works ^^^"^^^ppj^^g
and structures to utilize said water power shall be ap- plans, etc.
proved by the Secretary of War, and that nothing shall be
done in the use of the water from said dam or otherwise to
interfere with or in any way impede or retard the proper
and complete navigation of the river at all times, nor in
any way to interfere with the use and control of the same
by the United States for the purposes of navigation : And
provided further, That the Secretary of War is hereby au- Regulations.
thorized to prescribe regulations to govern the use of the
said water power and the operations of the plant and
force employed in connection therewith; and no claim,
shall be made against the United States for any failure of
water power resulting from any cause whatever.

Sec. 5. That in case of failure on the part of said J. A. ^jf^*""^® *° °°"
Omberg, junior, his heirs and assigns, for a period of



Online LibraryUnited States. Inland Waterways CommissionPreliminary report of the Inland Waterways Commission. Message from the President transmitting a preliminary report → online text (page 81 of 83)