Chapter 1438. Authorizing the construction of a dam across Rock River at Lyndon, Illinois
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CHAP. 1438.— An Act Authorizing the construction of a dam across Rock River at Lyndon, Illinois. March 3, 1905. [[H. R. 15440](/us/bill/58/hr/15440).] [[Public, No. 171](/us/pl/58/171).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Rock River, Ill.Dam authorized across, at Lyndon. That permission be given to Edward A. Smith, Harvey S. Green, and John J. Hurlbert, of Morrison, Illinois, or their assigns, to erect a dam with an eight-foot head 1005across 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, range, and meridian: *Provided,* That the plans for the construction of*Provisos*.Secretary of War to approve plans, etc. said dam shall be submitted to and approved 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 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 modifications and changes in said structure as he may deem advisable in the interest of navigation: *Provided further, *That the Secretary of WarLocks, etc. may at any time require the grantees under this Act to construct at their own expense in connection with said dam suitable locks, canals, sluiceways, or other structures, for the passage of boats and other water craft, the said structures to be built upon plans which he may approve; and the said grantees shall maintain and operate said locks, canals, and other structures 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 the worksPayment for damages. herein authorized compensation shall be made to any person, firm, or corporation whose lands or other property may be taken, overflowed, or otherwise damaged by 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 litigationLitigation. arises from the construction, operation, or maintenance of the said works, cases may be tried in 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 constructed and maintainedFishways. 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 this Act shall be null and void if actual construction ofTime of construction. the dam herein authorized be not commenced within two years and completed within four years from the date hereof. Sec. 5. That the right to alter, amend, or repeal this Act is herebyAmendment. expressly reserved.
Approved, March 3, 1905.