Chapter 591. Permitting the building of a dam across the Mississippi River between the village of Sauk Rapids, Benton County, Minnesota, and the city of Saint Cloud, Stearns County, Minnesota
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CHAP. 591.— An Act Permitting the building of a dam across the Mississippi River between the village of Sauk Rapids, Benton County, Minnesota, and the city of Saint Cloud, Stearns County, Minnesota. February 20, 1905. [[S. 5972](/us/bill/58/s/5972).] [[Public, No. 83](/us/pl/58/83).] *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. Sauk Rapids Manufacturing Company may dam, at Sauk Rapids, Minn. is hereby granted to the Sauk Rapids Manufacturing Company, a corporation organized under the laws of the State of Minnesota, its successors or assigns, to build a dam across the Mississippi River at the Sauk Rapids, so called, in said river, and between the village of Sauk Rapids, in Benton County, Minnesota, and the city of Saint Cloud, or an addition thereof, in Stearns 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 thereof: *Provided*, That the plans for the *Provisos*.
Secretary of War to approve plans, etc. 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 construction of the same: *And provided further*, That the Modification of plans. said Sauk Rapids Manufacturing Company, its successors or assigns, shall not deviate materially from said plans after such approval, either before or after the completion of said structures, unless the modification of said plans shall have been submitted previously 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 Sluiceway. connection with 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 said dam shall be so constructed that the Government Aids to navigation. of the United States may at anytime construct in connection therewith a suitable lock for navigation purposes, and may at any time, without compensation, control said dam so far as shall be necessary for purposes of navigation, but shall not destroy or reduce the water power developed by said dam and structures to any greater extent than may be necessary to provide proper facilities for navigation, and the Secretary of War may at any time require and enforce, Changes. at the expense of the owners, such modifications and changes in the 724 construction of said dam as he may deem advisable in the interests of Fishways. navigation: *And provided further*, That suitable fishways, to be approved by the United States Fish Commissioner, shall be constructed and maintained at said dam by said company, its successors or assigns.
Sec. 2. 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, such cases may be tried in the proper courts, as now provided for that purpose in the State of Minnesota and in the courts of *Proviso*. Existing laws not affected. the United 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 structures from the operation of the same.
Sec. 3. Time of construction. That this Act shall be null and void unless the said dam herein authorized be commenced within one year and be completed within three years from the time of the passage of this Act. Sec. 4. Amendment. That the right to amend or repeal this Act is hereby expressly reserved. Approved, February 20, 1905.