Chapter 860. Granting to the Davenport Water Power Company rights to construct and maintain a canal, power station, and appurtenant works in the Mississippi River, in Scott County, Iowa
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CHAP. 860.— An Act Granting to the Davenport Water Power Company rights to construct and maintain a canal, power station, and appurtenant works in the Mississippi River, in Scott County, Iowa. April 5, 1904. [[S. 4142](/us/bill/58/s/4142).] [[Public, No. 82](/us/pl/58/82).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Mississippi River. Davenport Water Power Company may construct a canal, etc., in Scott County, Iowa.
That the assent of Congress is hereby given to the Davenport Water Power Company, a corporation created and organized under the laws of the State of Iowa, its successors and assigns, to erect, construct, operate, and maintain a canal along the north bank of the Mississippi River between Leclaire and Davenport, in Scott County, in the State of Iowa, to erect, construct, Dams. operate, and maintain a power station thereon, and to project, erect, construct, operate, and maintain such dams and other works as may be necessary within said limits for the development of water power and the generation, use, and transmission therefrom of electric energy and power at, in, and upon the Rock Island Rapids of the Mississippi *Provisos*.
Unobstructed navigation. River: *Provided*, That the said canal and appurtenant works shall be so designed, constructed, and operated as not to interfere in any way with the safe and convenient navigation of steamboats and other vessels or of rafts and barges over the Rock Island Rapids at any stage of water; and the expense of any reconstruction or extension of or addition to existing works for the improvement of navigation on the said Rock Island Rapids, which may be found necessary, in the opinion of the Secretary of War, on account of the construction, maintenance, or operation of the said canal and appurtenant works, shall be borne by the said company, its successors, or assigns, under conditions to be Secretary of War to approve plans, etc. prescribed by the Secretary of War: *And provided further*, That detailed plans for the construction and operation of the said canal and appurtenant works shall be submitted to and approved by the Secretary of War before the commencement of the construction of any portion of the said works; and that after the approval of the said plans no deviation therefrom shall be made without the prior approval by the Protection to Rock Island Arsenal, etc.
Secretary of War of the said deviation: *And provided further*, That the said works and appurtenances shall be so designed, constructed, and operated as not to overflow or otherwise damage the lands and other property of the United States at Rock Island Arsenal, or injure or diminish the water power of the United States at the said arsenal, or the water power of any person, firm, or corporation having hydraulic Payment of damages. works already constructed: *And provided further*, That before entering upon the construction of the said works, compensation shall be 159 made to any person, firm, or corporation 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 situate.
Sec. 2. That the withdrawal of water from the Mississippi River and Protection to navigation. the discharge of water into the said river, for the purpose of operating the said canal 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 and barges, or to injure or diminish the water power of the United States at Rock Island Arsenal, or the water power of any person, firm, or corporation having hydraulic works already constructed: *Provided*, That if any litigation arises from *Provisos*.
Litigation. the construction, operation, or maintenance of the said works, or from the obstruction of any part of the Mississippi River by the said works or any portion thereof, cases may be tried in the proper courts as now provided for that purpose in the States of Illinois and Iowa, and the courts of the United States: *And provided further*, That suitable fishways Fishways. shall be constructed and maintained by the said company, its successors and assigns, at such of the dams and in such manner as may be required from time to time by the United States Fish Commission.
Sec. 3. That this Act shall be null and void if actual construction of Time of construction. the works herein authorized be not commenced within three years and completed within six years from the date hereof. Sec. 4. That the right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved. Approved, April 5, 1904.