Chapter 1821. To authorize the Ox Bow Power Company, of South Dakota, to construct a dam across the Missouri River
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CHAP. 1821.— An Act To authorize the Ox Bow Power Company, of South Dakota, to construct a dam across the Missouri River. April 28, 1904.[[H. R. 11972](/us/bill/33/hr/11972).][[Public, No. 258](/us/pl/33/258).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Missouri River, S. Dak.Ox Bow power Company may construct dam across.Location. That the consent of the Government is herein given to the Ox Bow Power Company, of South Dakota, its successors or assigns, to construed across the Missouri River, from lot three, in section twenty-six. township fourteen north, range three, west of the Montana meridian, to the opposite bank of same river, to be approved by the Secretary of War, a dam, causeway, and the appurtenances thereof for water power and other purposes:*Provisos*.Secretary of War to approve plans, etc. *Provided,* That the plans for the construction of said dam and appurtenant works shall be submitted to and approved by the Chief of Engineers and the Secretary of War before the commencement of construction, and when so approved no change shall be made in said plans without the prior approval of the Chief of Engineers and the Booms, etc.Secretary of War: *Provided further, *That the said company shall construct and maintain in connection with said dam a suitable boom Fishways.and log sluice: that suitable fishways, to be approved by the United States Fish Commissioner, shall be constructed and maintained in Conveyance of title to United States.said dam by said corporation, its successors or assigns; and shall obtain and convey to the United States, whenever requested to do so by the 571Secretary of War, clear title to such land as in his judgment may be required for constructions and approaches to said dam for transferring boats and freight around the same, and shall grant to theUse of water power.
United States a free use of water power for operating such construction work; and to insure compliance with these conditions the saidBond. company shall execute, and deliver to the Secretary of War a proper bond, in such amount as may be fixed by him: *And provided further, *That the said company shall be liable for any damage to private propertyDamages. resulting from the construction and operation of said dam and appurtenant works, either by overflow or otherwise, and proceedingsProceedings. to recover compensation for such damage may be instituted either in the Slate or Federal courts.
Sec. 2. That this Act shall be null and void unless the structuresTime of construction. herein authorized shall be commenced within one year and completed within three years from the date of approval hereof. Sec. 3. That the right to alter, amend, or repeal this Act is herebyAmendment. expressly reserved. Approved, April 28, 1904.