Chapter 1487. Permitting the building of a dam across the Mississippi River between the counties of Stearns and Benton, in the State of Minnesota
625 words·~3 min read·
/statutes-at-large/vol-33/chapter-1487-1683099·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 1487.— An Act Permitting the building of a dam across the Mississippi River between the counties of Stearns and Benton, in the State of Minnesota. April 23, 1904. [[H. R. 14413](/us/bill/58/hr/14413).] [[Public, No. 151](/us/pl/58/151).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the consent of Congress Mississippi River. Watab Rapids Power Company may dam, in Minnesota. Location. is hereby granted to the Watab Rapids Power Company, a Minnesota corporation, its successors or assigns, to construct and maintain across the Mississippi River a dam and works necessary incident thereto for water power and supply purposes at any point not less than four hundred feet above the mouth of Watab River, between section twenty-one, in township one hundred and twenty-five north, range twenty-eight west, in Stearns County, and section nine, in township thirty-six north, range thirty one west, in Benton County, Minnesota, which may be approved by the Chief of Engineers and the Secretary of War: *Provided*, That the plans for the construction of said dam and appurtenant *Provisos*.
Secretary of War to approve plans, etc. works shall be submitted to and approved by the Chief of Engineers and the Secretary of War before the commencement of the construction of the same: *And provided further*, That the aforesaid Changes. Watab Rapids Power Company, its successors or assigns, shall not deviate from such plans after such approval, neither before nor after the completion of said structures, unless the modification of said plans has been previously submitted to and received the approval of the Chief of Engineers and the Secretary of War: *And provided further*, That there shall be placed and maintained in connection with said dam Sluiceways. a sluiceway so arranged as to permit logs, timber, and lumber to pass around, through, or over said dam without unreasonable delay or hindrance and without toll or charges: *And provided further*, That the Lock. dam shall be so constructed that the Government of the United States may at any time construct in connection therewith a suitable lock for navigation purposes, and may at any time, without compensation, control 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 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 construction of said dam as he may deem advisable in the interests of navigation. 296 Sec. 2.
Fishways. That suitable fishways, to be approved by the United States Fish Commissioner, shall be constructed and maintained at said dam by said corporation, its successors or assigns. Sec. 3. Litigation. 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 purpose in the State of Minnesota, and in the courts of the United *Proviso*.
Existing laws not affected. States: *Provided*, That nothing in this Act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers or to exempt said structure from the operation of the same. Sec. 4. Amendment. That the right to amend, alter, or repeal this Act is hereby Time of construction. expressly reserved; and the Act shall become null and void unless the construction of the said dam is commenced within one year and completed within three years from the date of approval thereof.
Approved, April 23, 1904.