Chapter 566. Granting to the Keokuk and Hamilton Water Power Company rights to construct and maintain for the improvement of navigation and development of water power a dam across the Mississippi River
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CHAP. 566.— An Act Granting to the Keokuk and Hamilton Water Power Company rights to construct and maintain for the improvement of navigation and development of water power a dam across the Mississippi River. February 9, 1905. [[H. R. 15284](/us/bill/58/hr/15284).] [[Public, No. 65](/us/pl/58/65).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Mississippi River. Keokuk and Hamilton Water Power Company may dam, at Des Moines Rapids, Iowa.
That the assent of Congress is hereby given to the Keokuk and Hamilton Water Power Company, a corporation created and organized under the laws of the State of Illinois, its successors, and assigns, to erect, construct, operate, and maintain a dam, with its crest at an elevation of from thirty to thirty-five feet above standard low water, across the Mississippi River at or near the foot of the Des Moines Rapids, from Keokuk, Iowa, to 713 Hamilton, Illinois, and to construct, operate, and maintain power stations on or in connection with the said dams with suitable accessories for the development of water power, and the generation, use, and transmission therefrom of electric energy and power to be derived from the Des Moines Rapids on the Mississippi River: *Provided*, That in lieu of the three locks and the dry dock, with their *Provisos*.
Construction of lock and dry dock, etc. appurtenances, now owned and operated by the United States, at the Des Moines Rapids Canal, the said Keokuk and Hamilton Water Power Company shall build, coincidentally with the construction of the said dam and appurtenances, at locations approved by the Secretary of War, a lock and dry dock with their appurtenances; the Restrictions. said lock shall be of such a kind and size and shall have such appurtenances and equipment as shall conveniently and safely accommodate the present and prospective commerce of the Mississippi River; the said dry dock and its appurtenances shall be such as to give space, facilities, and conveniences for the repair of vessels at least equal to those afforded by the existing Government dry dock and shops at ‘the Des Moines Rapids Canal: *And provided further*, That the said Unobstructed navigation. dam and appurtenant works shall be so designed, located, constructed, maintained, and operated, and the said lock and dry dock, with their appurtenances, shall be so designed, located, constructed and equipped, as to permit at all times during the season of navigation, and at any stage of water, the safe and convenient navigation of steamboats and other vessels, or of rafts and barges, through the portion of the Mississippi River now occupied by the Des Moines Rapids, as well as through the entire length of the pool formed by the said dam: *And provided further*, That detailed plans for the construction and operation of Secretary of War to approve plans, etc. the said dam, lock, dry dock, and appurtenant works, shall be submitted to and approved by the Secretary of War before the commencement of any portion of the said works; and the said works shall be Supervision of engineer officer, etc. constructed under the supervision of some engineer officer of the Army designated for that purpose, and that after the approval of the said plans no deviation therefrom shall be made without the prior approval of the Secretary of War of any such deviation: *And provided further*, That compensation shall be made by the said Keokuk and Hamilton Compensation for damages.
Water Power Company to. all persons, firms, or corporations whose lands or other property may be taken, overflowed, or otherwise damaged by the construction, maintenance, and operation of the said works in accordance with the laws of the State where such lands or other property may be situated; but the United States shall not be held to Nonliability of the United States. have incurred any liability for such damages by the passage of this Act: *And provided further*, That when the said dam, lock, dry dock, Operation of lock and dry dock. and appurtenant works shall have been completed to the satisfaction of the Secretary of War, the United States shall have the ownership and control of the said lock, dry dock, and their appurtenances, and operate and maintain the same.
Sec. 2. That the withdrawal of water from the Mississippi River Protection to navigation. and the discharge of water into the said river, for the purpose of operating the said power stations and appurtenant works, shall be under the direction and control of the Secretary of War, and shall at no time be such as to impede or interfere with the safe and convenient navigation of the said river by means of steamboats or other vessels, or by rafts or barges: *Provided*, That the said company shall construct such *Proviso*.
Fishways. suitable fishways as may be required from time to time by the Secretary of Commerce and Labor. Sec. 3. That, except as provided for below in this section, the Keokuk Cost of construction, etc. and Hamilton Water Power Company shall bear the entire cost of locating, constructing, maintaining, and operating the structures and appurtenances provided for in this Act: *Provided*, That the United *Provisos*. Cost of supervision. States shall bear the cost of the supervision of the work by an engineer 714 *Ante*, p. 713. officer of the Army as provided for in section one of this Act, and also the cost of maintaining and operating the lock and dry dock with their appurtenances, after their completion and due acceptance by the Secretary of War on behalf of the United States: *And provided further*, Power plant.
That the Keokuk and Hamilton Water Power Company shall provide, in connection with such lock, dry dock, and appurtenances, a suitable power plant for operating and lighting the same, according to plans and specifications submitted to and approved by the Secretary of War. Sec. 4. Repeal of former act. Vol. 31, p. 764. That the Act entitled “An Act granting to the Keokuk and Hamilton Water Power Company right to construct and maintain wing dam, canal, and power station in the Mississippi River in Hancock County, Illinois,” approved February eighth, nineteen hundred and one, is hereby repealed.
Sec. 5. Time of construction. That this Act shall be null and void if actual construction of the works herein authorized be not commenced within five years and completed within ten years from the date hereof. Sec. 6. Amendment. That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 9, 1905.