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Code · STATUTES-AT-LARGE · Vol. 33 STAT. · February 26, 1904 · Chapter 167

Chapter 167. Permitting the building of a dam across the Mississippi River at or near the village of Sauk Rapids, Benton County, Minnesota

624 words·~3 min read·/statutes-at-large/vol-33/chapter-167-683269·

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CHAP. 167.— An Act Permitting the building of a dam across the Mississippi River at or near the village of Sauk Rapids, Benton County, Minnesota. February 26, 1904. [[S. 2818](/us/bill/58/s/2818).] [[Public, No. 28](/us/pl/58/28).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Mississippi River. Sauk Rapids Water Power Company may dam, at Sauk Rapids, Minn. That the consent of Congress is hereby granted to the Sank Rapids Water Power Company, a corporation organized raider the laws of the State of Minnesota, its successors and assigns, to build a dam across the Mississippi River at or near the Sank Rapids, so called, in said river, and at or near the village of Sauk Rapids.
Benton County. Minnesota, for the development of water power, and such works and structures in connection therewith as may be necessary or convenient in the development of said power and in the utilization of the power thereby developed: *Provided, **Provisos*.Secretary of War to approve plans, etc.That the plans for the construction of said dam and appurtenant53 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 said Sauk RapidsModification of plans.
Water Power Company, its successors or assigns, shall not deviate from such plans after such approval, either before or after the completion of said structures, 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: *And provided further,* That there shall be placed and maintained in connection withSluiceway for logs, etc. said dam 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 dam shall be so constructed that the.
GovernmentAids to navigation 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 changesChanges. in the construction of such dam as he may deem advisable in the interests of navigation: *And Provided further,* That suitable fishways,Fishways. to be approved by the United States Fish Commission, shall be constructed and maintained at said dam by the Sauk Rapids Water Power Company, its successors or assigns.
Sec. 2. That in case any litigation arises from the building of saidLitigation. 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 States: *Provided,* That nothing in this Act shall be so construed as to*Proviso*.Existing laws not modified. 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 structures from the operation of same.
Sec. 3. That this Act shall be null and void unless the dam hereinTime of construction. authorized be commenced within three years and be completed within six years from the time of the passage of this Act. Sec. 4. That the right to amend or repeal this Act is herebyAmendment. expressly reserved. Approved, February 26, 1904.
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