Chapter 1617. To authorize the Capital City Improvement Company, of Helena, Montana, to construct a dam across the Missouri River
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CHAP. 1617.— An Act To authorize the Capital City Improvement Company, of Helena, Montana, to construct a dam across the Missouri River. April 12, 1906. [[S. 4130](/us/bill/59/s/4130).] [[Public, No. 93](/us/pl/59/93).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the consent of the GovernmentMissouri River, Mont.Capital City Improvement Company of Helena may dam.Location. is hereby given to the Capital City Improvement Company, of Helena, Montana, its successors or assigns, to construct across the Missouri River, at some point between the south line of township twelve north, range two west, and the north line of township fourteen north, range three west, Montana meridian, to be determined by them and approved by the Secretary of War, a dam, canal, and appurtenancesCanal, foot bridges, etc. thereof, for water power, and other purposes, and in connection therewith a foot bridge, or bridges, for public use: *Provided,**Provisos.*Secretary of War to approve plans, etc.
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 Secretary of War: *Provided further,* That whenever required to do so by the Secretary, ofSluiceway.Boom, etc. War the said company shall construct and maintain in connection with said dam a suitable boom and log sluice; that suitable fishways, to be approved by the United States Fish Commissioner, shall be constructed and maintained in said dam by said corporation, its successors and assigns; and shall obtain and convey to the United States, wheneverTransfer of freight, etc. requested to do so by the Secretary 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 the United States a free use of water power for operating such construction work; and to insure compliance with these conditionsBond. the said 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 damageDamages. to private property resulting from the construction and operation of said dam and appurtenant works, either by overflow or otherwise, and proceedings to recover compensation for such damage may be instituted either in the.
State 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 12, 1906.