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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twelve months to formally notify the Secretary of W^ar of
his intention to proceed with the construction of the lock
and dam as herein provided, then it shall be lawful for New contract.
the Secretary of War to contract with any private corpo-
ration, company, firm, or persons for the construction of
said lock and dam on the terms and in the manner herein
provided: Provided, That the Secretary of War may re-
quire the contracting party to execute a bond, with proper
sureties, before the commencement of the work, in such
amount as he may consider necessary, not exceeding one
hundred thousand dollars, to insure the commencement,
prosecution, and completion of the work herein authorized
and compliance with the terms, conditions, and require-
ments of this' Act; and in case of failure to comply with Forfeiture.
the requirements of said bond the said contracting party
shall forfeit to the United States the full amoimt thereof.

Sec. 6. That the right is expressly reserved in the Revocation.
United States to revoke by Act of Congress the rights,
privileges, and benefits conferred by this Act; but in the, compensation

x^o' t' ' fori m D r o V 6-

event of such revocation the United States shall pay toments.
the corporation, company, firm, or persons who may
erect said lock and dam under the provisions of this Act



Proviso.
Bond.



694 REPORT OF THE INLAND WATERWAYS COMMISSION

as full compensation the reasonable value, exclusive of
the franchise hereby conferred, of all properties erected
and lands purchased by them necessary for the enjojanent
of the benefits conferred upon them by the provisions of
ingv^iiueor'°"t^^^^ ^^^' such valuc to be determined by mutual agree-
ment between the Secretary of War and the owners of said
properties; and in case they can not agree, then by pro-
ceedings instituted in the United States circuit court for
the condemnation of said property, such proceedings to
conform as nearly as may be to the laws of the State of
Arkansas in respect of condemning land for the right of
Provisos. wav for railroad purposes: Provided, That to insm-e com-

Suspension of , . • • i i c i c i • »

privileges. pliaucc With the tcmis ot the contract or or this Act, or

to protect the interests of navigation, the Secretary of
War shall have power at any time, before or after the
completion of the work, to order a suspension of all privi-

by^ijunctimi*!'^*l^g^s granted by this Act: And provided furtJier, That
compliance with such order of suspension may be enforced
by the injunction of the circuit court of the United States
exercising jurisdiction in the district in which the work is
situated, and proper proceedings to this end shall be insti-
tuted by the Attorney-General upon request of the Secre-
taiy of War.

and exls'ting'iaw Sec. 7. That nothing in this Act shall be construed as

not afiected. in any way interfering with the exclusive jurisdiction over
and control by the United States of the White River and
the lock and dam therein to be erected for the purpose of
navigation, nor as repealing or modifying any of the pro-
visions of law now existing in reference to the protection
of navigation.

Approved, June 29, 1906.

ADDITIONAL. LEGISLATION

Muskingum, Green, and Barren rivers. — In addition to
the water-power privileges granted by the aforemen-
tioned acts. Congress, in the river and harbor acts of 1888
and 1890, authorizes and empowers the Secretary of War
to grant leases or licenses for the use of the water power
on the Muskingum, Green, and Barren rivers, as shown
by the following extracts from those laws, to wit :

[Extract from river and harbor act of August 11, 18S8: Muskingum River]

Ri'l'^er^ohio^""^ Improving Muskingum River, Ohio: For the construc-
tion of a lock at Taylorsville and the reconstruction of
the lock at Zanesville, pursuant to the report of the engi-
neers, one hundred and two thousand dollars; and the
Secretary of War is hereby authorized and empowered
to grant leases or licenses for the use of the water powers
on the Muskingum River at such rate and on such condi-
tions and for such periods of time as may seem to him
Proviso. just, equitable, and expedient: Proinded, That the leases

rigMs*"'^ ° ""^ ' or licenses shall be limited to the use of the surplus water



STATUTES RELATING TO WATER POWER



695



not requii-ed for navigation. And he is also empowered
to grant leases or licenses for the occupation of such lands
belonging to the United States on said Muskingum lliver
as may be requned for mill-sites or for other purposes
not inconsistent with the requirements of navigation;
and all moneys received under such leases or licenses shall
be turned into the Treasury of the United States, and the
itemized statement thereof shall accompany the annual
report of the Chief of Engineers.

But nothing in this act shall be construed to affect any vested rights,
vested right, if such there be, of any lessee of water
power on said river.



Proviso.



Limited to sur-
plus water.



[Extract from river and harbor act of September 19, 1890: Green and Barren rivers]

The Secretary of War is hereby authorized and em- oreenand Bar-
powered to grant leases or licenses for the use of the water-power
water-powers on the Green and Barren Rivers at such a**^**^®^"
rate and on such conditions and for such periods of time
as may seem to him just, equitable, and expedient; said
leases not to exceed the period of twenty years: Provided,
That the leases or licenses shall be limited to the use of
the surplus water not requii-ed for navigation. And he
is also empowered to grant leases or licenses for the occu-
pation of such lands belonging to the United States on
said Green and Barren Rivers as may be required for
mill-sites or for other purposes not inconsistent with the m i i i-s i t e
requirements of navigation; said leases or licenses not to
extend beyond the period of twenty years ; and all moneys Moneys cov-
received under such leases or licenses shall be turned into Report, etc.
the Treasury of the United States, and the itemized state-
ment thereof shall accompany the annual report of the
Chief of Engineers. But nothing in this act shall be
construed to affect any vested right, if such there be, of vested rights.
any lessee of water-power on said river.

Following is an extract from the river and harbor act
of March 2, 1907, which relates, in part, to the subject of
the utilization of water power, to wit:

[Waterway from Chicago to the Gulf]

The Secretary of War ma}^ appoint a board of five j^n^^e^fn^j^r^eport
members, to be composed of three members of the Missis- on i4-foot chan-

■ -r> • r^ • • j- i i ii i ii • nel, St. Louis to

sippi Kiver Commission, one of whom shall be the presi- mouth of river,
dent of such commission, and two engineer officers of the
United States Army, to examine the Mississippi River
below Saint Louis and report to Congress, at the earliest
date by which a thorough examination can be made, upon
the practicability and desirability of constructing and
maintaining a navigable channel fourteen feet deep and
of suitable width from Saint Louis to the mouth of the
river, either by the improvement of said river or by
a canal or canals for part of said route. In its report scope,
the board shall cover the probable cost of such improve-
ment, the probable cost of maintenance, and the present
and prospective commerce of said waterway, botn local



696 EEPORT OF THE INLAND AVATEEWAYS COMMISSION

and general, upstream as well as downstream, and the
said board may consider in connection with the examina-
tion herein provided for, the survey of a proposed water-
way from Chicago to Saint Louis, heretofore reported;
it shall also report whether other plans of improvement
can be devised by which the probable demands of traffic,
present and prospective, can be adequately met, and the
sum of one hundred and ninety thousand dollars, or so
much thereof as may be necessary, is hereby appropriated
for the inakmg of such survey, of which amount only one
hundred thousand dollars shall be available, unless in
presenting a plan for such waterway it shall be necessary,
in the judgment of said board, to make a survey for a
lateral canal or canals; and the force, plant, and records
of the Mississippi River Commission shall be available
for the use of said board in making said examination;
and said board shall also at the earliest date practicable
report upon the following:
Subjects of re- First. What depth of channel is it practicable to pro-
^° ■ duce between Saint Louis and Cairo at low water by

means of remilation works.

Second. What depth will obtain in such regulated
channel at the average stage of water for the year.

Third. For what average number of days annually will
fourteen feet of water obtam in such regulated channel.

Fourth. What increase of depth will be obtained over
the natural flow of water in such regulated channel by an
added volume of ten thousand cubic feet per second;
also fourteen thousand cubic feet per second.

Fifth. And the board shall consider further the prac-
ticability of producing at all seasons of the year a depth
of fourteen feet in such regulated channel b}^ the aid of
locks and dams similar to those projected and in use on
the Ohio River improvement.

Sixth. And the said Board shall also report upon any
w^ater power which may be created in the portion herein
directed to be surveyed, as well as in the proposed water-
way from Saint Louis to Chicago heretofore surveyed,
and the value thereof, and what means should be taken
in order that the Government of the United States may
conserve the same or receive adequate compensation
therefor, and upon any lands which may be drained by
the construction of either of said proposed waterways,
and shall also report what steps, if any, shall be taken to
cause the cost of the improvement to be defrayed, in
whole or part, by means of such water power or lands.



INDEX



Page

Abandoned canals 204

Agencies, Operating 99

Alabama River 63,523

Albemarle and Chesapeake Canal 286

Allegheny River 84.457

Altaniaha River 58

Ames, Adelhert, member of Select Com-
mittee 582

Anderson, George H., Testimony of 323

Andersonville Shoals, Authority to dam

Savannah River at 673

Apalachicola River 61

Appalachian region, Forests and streams

of the 520

Appomattox River 53

Applications of water power; W. E. Her-
ring 447

Appropriations for waterway improve-
ment 180

Arkansas River 76. 525

Ashe, W. W.; Special Relations of For-
ests to Rivers in the United States 514

Associations of river lines 111,129

Atchafalaya River 67

Atlantic coast canals 190

Atlantic, Tributaries to the 36

Augusta, Authority to dam Mississippi

River at 648

— , Authority to dam Savannah River at. 674

Austria-Hungary, Waterways of 420

Bankhead, John H., Appointment of _ _ 15

Barges, Use of steel 94

B arataria and Lafourche Canal 304

Barren River, Authority to lease power

from 694

Bayou Atchafalaya 67

Bayou Lafourche 66

Bayou Macon 75

Bayou Tensas 75

Bear River, Authority to dam 603

Belgium, Waterways of 389

Bemidji, Authority to dam Mississippi

near 621

Big Black River 75

Black River 74, 76

Black Warrior River, Authority to dam

branch of 605

Boiler water 438

Bond issue. Expediency of vil

Brainerd, Authority to dam Mississippi

near 624

31673— S. Doc. 325, 60-1 45



Page

Brazos River . 68, 527

Buck Rapids, Authority to dam Missouri

River at 654

Buffalo, Traffic at 175

Burton, Theodorb E., Appointment of. 15

— , Letter from 492

— , Letter to 498

Cache River 76

Cahaba River, Authority to dam 606

Cairo, Floods at 481

Calcasieu River 67

Calhoun Falls, Authority to dam Savan-
nah River at 674

Callaway, .S. R., Testimony of 319

Canal grants 178

Canal traffic 219, 251

Canals, Abandoned 204

— as rate regulators 314

— , Control of, by railways 375

— in the United States 188, 192

— , State and private 210

Cape Fear River 56

Cargo insurance 332

Carpenter, L. G., cited on forests and

streams 510

Carter, Z. R., Testimony of 320

Casserly, Eugene, member of Select

Committee 582

Chattahoochee River 62

Cherokee Shoals, Authority to dam Savan-
nah River at 674

Chesapeake and Delaware Canal 275

Chesapeake and Ohio Canal 280

Chicago, Rates at 347

Chicago Sanitary and Ship Canal 253

Chief of Engineers, Powers conferred on_ 600

Chittenden, H. M., quoted on reservoirs. 486
Choctawhatchee River, Authority to dam. 606, 607

Chowan River 5S

Cincinnati as a distributing point 114

— , Floods at 475

City water supply 44S

Clearwater, Authority to dam Mississippi

near 625

Clements, Judson C, Testimony of 321

Clinch River 80

Clinton, Dewitt, cited on canals 214

Clinton, George, Report to 536

Coal supplies available 503

Colorado River 93

— , Navigation on 160

697



698



REPORT OF THE INLAND WATERWAYS COMMISSION



Page

Columbia River 89, 530

— , Inspection of - 17

Commerce on interior rivers 94

the Great Lakes 163

Commission, Creation of the iS

Concrete, Use of, in water\vay improve-
ment 497

Conference on conservation of natural re-
sources. Appointment of Committee on. 18

— , arrangements for the 27

Congaree River • 5 7, 183

CoNKLiNG, RoscoE, member of Select

Committee 582

— , Minority report by S96

Connecticut River 516

CoNOVER, Simon B., member of Select

Committee 582

Conservation of resources v, 16, 24

Control of water traffic by railways 375

Cooperation, Necessity for 16,23

Coordination, desirability of v,i5,22

Coosa River 63,183

— , Authority to dam 607-613

Crow "Wing River, Authority to dam 613

Cumberland River 81, 186, 464

— , Authority to improve 614-617

Dams, General act regulating 600

Danube, Improvement of . 421

Davant, James S., Testimony of 323

Davenport, Authority to develop Missis-
sippi near 644

Davis, Arthur C, Letter from 498

Davis, Henry G., member of Select Com-
mittee 5S2

— , Minority report by 596

Decline of water traffic in, 133, 251

Delaware and Raritan Canal 254

Delaware canals 199, 275

Delaware Division Canal 269

Delaware River 48

Des Moines Rapids, Authority to dam

Mississippi near 627

Detroit River, TraiSc through 174

Dismal Swamp Canal 291

Dole, R. B.; Effects of the Purity of In-
dustrial Water Supplies on their Use. . 436

Effects of the Purity of Industrial Water

SuppUes on their Use; R. B. Dole 436

Elk River Shoals, Authority to dam Ten-
nessee River at 680

Ellet, Charles, cited on reservoirs 452

Empson, H. W., Statement by 429

Engineers (Chief of). Powers conferred on. 600

Erie Canal, Historj' of 213

— , Traffic on 219

Erosion of the soil 16,21,517, 523

Europe, Waterways and railways in 377

Evaporation, Effect of, forests on 505

Ferguson, Walter J., Statement by 333

Findings of the Commission i8

Flint River 62

— , Authority to dam 617

Floods, Control of 16,451



Page

Floods, Relation of forests to 518

Forests and streams. Relations of.. 21, 505, 514

Foster, Lanclot, Statement by 430

Fox River 187

France, Waterways of 413

French Broad River 80

Fuels and Structural Materials in relation

to Inland Water Transportation; J. A.

Holmes 491

Fulton, Robert, Reprint of report by. 575

Gallatin, Albert, Reprint of report by. 535

Gasconade River 85

Geological Survey, Acknowledgment to.. 490

Germany. Waterways of 402

Goose Creek. Authority to dam 618

Government aid to inland navigation 177

Government canals 193

Government slackwater rivers 182

Grand Detour, Authority to dam Rock

River near 665

Grand Rapids, Authority to dam Missis-
sippi near 631

Grants for waterway improvement 177

Great Britain, Transportation facilities in. 378

Great Lakes, Inspection of the i- 17

— , Traffic on the 163, 229

Green River, Authority to lease power

from 694

Gregg Shoals, Authority to dam Savan-
nah River at 677

Griffith, Charles G., Testimony of 324

Griswold, B. H., Testimony of 323

Gulf of Mexico, Tributaries to 27

— , Waterway from Lakes to 695

Hales Bar, Authority to dam Tennessee

River at 681

Hamilton, Authority to dam Mississippi

River near 627

Harvey Canal 305

Hattons Ford, Authority to dam Savan-
nah River at 677

Health, Relation of forests to the public. 532

Hearings . 17

Helena, Authority to dam Missouri River

near 654

Herring, W. E. ; Applications of Water

Power 447

Holland, Waterways of 423

Holmes, J. A. ; Fuels and Structural Ma-
terials in relation to Inland Water

Transportation 491

Holston River 81

Hudson River 44,516

Illinois canals 190, 247

Illinois River 85, 186

Industrial Commission, Testimony before

the 319

Industrial water supplies l 436

Insurance as affecting traffic 332

Internal-combustion engine. Advantages

of 500

' ' Iron Gates, ' ' Improvements at 422



INDEX.



699



Page

James River 52

Johnston, John W., member of Select

Committee 582

— , Minority report by 596

Kanawha River 83, 185, 460

Kansas City Line 126

Kansas River, Authority to dam 619

Keep, Charles L., Testimony of 320

Kennebec River 40, 515

Kentucky River 83, 185, 464

Keokuk, Authority to dam Mississippi near 628

KiNDEL, George J., Testimony of 321

King, F. H., cited on evaporation 506

Knapp, Martin A., Testimony of 320

Lake Borgne Canal 305

Lakes-to-Gulf waterway. Authority to ex-
amine into 69s

Langley, J. M., Testimony of 323

Leasing water power. Authority for 694

Lee. Robert E., Statement by 328

Lehigh Canal 267

Leighton, M. O.; Relation of Water Con-
ser\'ation to Flood Prevention and

Navigation in Ohio River 45 1

Lewis, John F., member of Select Com-
mittee 582

Little Falls, Authority to dam Mississippi

at 632

Little River, Authority to dam 621

Locks, Statutes relating to 601

Louisiana canals 190, 200, 203, 299

Louisiville, Floods at 477

— , Rates at 248

Lyndon, Authority to dam Rock River

near 666

McDaniel Shoals, Authority to dam Sa-
vannah River at 678

McGeE, W J, Appointment of 15

— , Note by 535

Mackenzie, Alexander, Appointment of 15

— ; Statutes Relating to Water Power 597

— , Supplementary report of 20

Manchester Canal 43 3

Maryland canals 202, 27s

Memphis, Rates at 348

— , Terminals at 145

Merrill, V/illiam E., cited on reservoirs. 452

Merrimac River 40

Middleton Shoals, Authority to dam Sa-
vannah River at 678

Minneapolis, Authority to dam Missis-
sippi at 63 2

Minnesota River 86

Mitchell, John H., member of Select

Committee 582

Mississippi River, Agencies operating on. 100

— and its tributaries 27, 69, 184

— , Authority to dam 621-65 1

survey 695

— , Inspection of 17

— , Terminals on 143

Mississippi River, Traffic on. in, 124, 154



Page

Missouri River 85,525

— , Authority to dam 651-655

— , Inspection of 17

Mobile River 64

Moline, Authority to develop the Missis-
sippi near 641

Monongahela River 2 84, 184, 458

— , Agencies operating on 103

— , Associations on in

— , Traffic on 150

Monopoly, Development of v, 22

— , Encouragement of 24

Monticello, Authority to dam Mississippi

near 635

Morrell, J. D., Statement by 432

Morris Canal 261

Morrison County, Authority to dam Mis-
sissippi in 637

Muscle Shoals, Authority to dam Tennes-
see River at 685

Muskingum River 83

— , Authority to lease power from 694

Nauvoo, Authority to dam Mississippi near 627
Navigable streams of the United States.. 35

Navigation, Appropriations in aid of 180

— , Decline of 111,95,251

— , Findings concerning 18

— , GovertHuent aid to 177, 182, 193

— , Improvement of 451

— , Interdependence of rv

— , Necessity for 16

— on the Colorado 160

Neuse River 55

New Basin Canal 300

Newell, F. H., Appointment of 15

New Jersey canals 198, 202, 254

Newlands, Francis G., Appointment of. 15

— , Supplementary report of 21

New Orleans, Rates at 352

— , Terminals at i45

— , Traffic at 158

New River, Authority to dam 655

New York canals 189, 210

— . Traffic on 234

Niobrara River, Authority to dam 656

North Carolina canals 200, 203, 286

Norwood, Thomas M., member of Select

Committee 582

— , Minority report by 599

Obion River 77

Ocmulgee River 58

Oconee River 58

Ohio canals 189, 239

Ohio River 77,184

— , Agencies operating on 103

— , Traffic on 109, 150

Old Basin Canal 301

Operating agencies 281

Oregon canals 201, 203, 308

Osage River 85

— , Authority to dam 656

Ox Bow Bend, Authority to dam Mis-
souri River at 652



700



EEPORT OF THE INLAND \VATERWAYS COMMISSION



Page

Pacific Coast canals 192

Pacific, Tributaries to the 38

Packet lines 125, 127

Paper-making, Water for 442

Pascagoula River 65

Passaic River 45

Patapsco River 50

Patuxent River 51

Pea River, Authority to dam 657

Pearl River 65

Penobscot River 39

Pend d'Oreille River, Authority to dam.- 658

Pennsylvania canals 198, 202, 267

PiNCHOT, GiFFORD, Appointment of 15

Pittsburg, Floods at 468

— , Rates at 351

— , Traffic at 151

Platte River 526

Portage Lake canals. Traffic on 173

Portland, Rates at 370

Potomac River 51

Power, Water 447, 490

— , Development of 21

— , Relation of forests to 533

— , Statutes relating to water 597

Precipitation, Effect of forests on 505

President, Letter from the 15

— , — to the 27

— , Message of the iii

Purity of water. Necessity for 43 6

Rafter, George W., cited on forests and

streams 509

Railway control of canals. 255, 259, 280, 314, 428
Railway control of river traffic and private

canals 375

Rail'svays, Findings on 19

— , Insufficiency of 16

— , Limit of capacity of iil

— , Relation of, to waterways 377

Rainy Lake River, Authority to dam._ 660-663

Rancocas River 47

Rappahannock River 52

Raritan River 45

Rates, Competitive 116,

125, 137, 236, 265,314.325.334, 429

— for water traffic 236, 397

• — - on canals 252,

258, 274. 276, 294,306,310

Reclamation, Importance of 22

Recommendations of the Commission 25

Red Lake River, Authority to dam 664

Red River 74, 527

Red River of the North 86

Regimen, Maintenance of 20

Relation of Water Conservation to Flood
Prevention and Navigation in Ohio

River; M. O. Leighton 451

— — transportation to railway rates _ 314

Relations between Watersvays and Rail-
way Traffic in Europe; J. C. Welliver. 377

— (General) of Forests and Streams; Ra-
phael Zon 505

— (Special) of Forests to Rivers in the
United States; W.W.Ashe 514

Reservoirs, Cost of 487

— , Feasibility of 451



Page

Resources, Conservation of v, 24

— , Waterways as 15

Rights of way, Acts authorizing 618,620

Rio Grande 527

River and rail rates 325, 334, 429

— systems 35

— traffic. Control of, by railways 375

Rivers and forests. Relations of 505 , 514

— as rate regulators 315

— , Importance of American iii

— .Navigable 35-93. Maps A, B

— , Slackwater 182

Roanoke River 55, 523

Roberts, W. Milnor, quoted on reser-
voirs 45 2

Rock Island, Authority to dam Rock

River at 668

— , develop the Mississippi near.- 641, 642

Rock River, Authority to dam 665

Roosevelt, President, Letter from 15

— , Letter to 27

— , Message of m



Sabine River 67,527

Sacramento River 87, 528

— , Inspection of 17

Saint Cloud, Authority to dam Missis-
sippi at 644

St. Croix River 86

— , Authority to dam 671

St. Francis River 77

St. Johns River 59

Saint Joseph River, Authority to dam 672

St. Louis, Rates at 337

— , Terminals at 143

— . Traffic at 154

St. Marys Falls Canals, Traffic through- 164, 169

St. Marys River 59

St. Paul, Authority to dam Mississippi

near 634

San Francisco, Rates at 374

San Joaquin River 87

Santee River ' 57

Sauk Rapids, Authority to dam Missis-
sippi at 644

Savannah River 58,523

— , Authority to dam 673-679

I Schuylkill Navigation 271

Schuylkill River 48

! Seattle, Rates at 369

Sessions of the Commission 17

Sherburne County, Authority to dam

Mississippi in 639

Sherman, John, member of Select Com-
mittee 582

Shreveport, Rates at 360

Slackwater rivers 182

Smith, George Otis, Letter from 491

Smith, Herbert Knox, Appointment of . 15

— , Note by 582

— , Papers by 33-376

Snake River 92

Soil erosion 16, 215. 517, 5 23

Spencer, Samuel, Testimony of 320

Spokane River, Authority to acquire

water rights on 680



INDEX



701



Page
State and private canals 210

— Canals 189, 196



Online LibraryUnited States. Inland Waterways CommissionPreliminary report of the Inland Waterways Commission. Message from the President transmitting a preliminary report → online text (page 82 of 83)