Chapter 542. Permitting the building of a dam across the Mississippi River between the counties of Wright and Sherburne, in the State of Minnesota
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CHAP. 542.— An Act Permitting the building of a dam across the Mississippi River between the counties of Wright and Sherburne, in the State of Minnesota. March 12, 1904. [[H. R. 9308](/us/bill/58/hr/9308).] [[Public, No. 47](/us/pl/58/47).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, *, Mississippi River. Minnesota Power and Trolley Company may dam, in Minnesota. That the consent of Congress is hereby granted to the Minnesota Power and Trolley Company (a Minnesota corporation), its successors or assigns, to construct and maintain across the Mississippi River a dam, canal, and works necessarily incident thereto, for water-power purposes, at any point betweenLocation. section seventeen or eighteen, in township one hundred and twenty-67one north, of range twenty-three west, in Wright County, and section six, in township thirty-two north, of range twenty-six west, in Sherburne County, Minnesota: *Provided,* That the plans for the construction*Provisos*.Secretary of War to approve plans, etc. 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 of the same: *And provided further, *That the said Minnesota Power and Trolley Company, its successorsModification of plans. 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 maintainedSluiceways for logs, etc. in connection with said dam a sluiceway so arranged as to permit logs, timber, and lumber to pass around, through, or over said dam with-out unreasonable delay or hindrance and without toll or charges: *And provided further,* the dam shall be so constructed that the GovernmentAids to navigation. of the United States may at any time construct in connection there-with, a suitable lock for navigation purposes, and may at any time, with-out 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 SecretaryChanges. of War may at any time require and enforce, at the expense of the owners, such modifications and changes in the construction of such dam as he may deem advisable in the interests of navigation: *And provided farther,* That in case any litigation arises from the buildingLitigation. of said dam, or from the obstruction of said river by said dam or appurtenant works, eases 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; but nothing in this Act shall be so construed asExisting laws not modified. 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 structures from the operation of same.
Sec. 2. That suitable fishways, to be approved by the United StatesFishways. Fish Commissioner, shall be constructed and maintained at said dam by said corporation, its successors or assigns. Sec. 3. That the right to amend, alter, or repeal this Act is herebyAmendment. expressly reserved; and the same shall become null and void unlessTime of construction. the construction of the dam hereby authorized be commenced within one year after the passage of this Act and completed within three years thereafter.
Approved, March 12, 1904.