Chapter 2072. Permitting the building of dams across the north and south branches of Rock River, adjacent to Vandruffs Island and Carrs Island, and across the cut-off between said islands, in Rock Island County, Illinois, in aid of navigation and for the development of water power
1,116 words·~5 min read·
/statutes-at-large/vol-34/chapter-2072-832734·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 2072.— An Act Permitting the building of dams across the north and south branches of Rock River, adjacent to Vandruffs Island and Carrs Island, and across the cut-off between said islands, in Rock Island County, Illinois, in aid of navigation and for the development of water power. May 1, 1906. [[H. R. 14508](/us/bill/34/hr/14508).] [[Public, No. 137](/us/pl/34/137).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the consent of CongressRock River, Ill.Samuel S.
Davis may dam, in Rock Island County.Location. is hereby granted to Samuel S. Davis, of the city of Rock Island, in the county of Rock Island and State of Illinois, his heirs, executors, administrators, and assigns, to build, operate, and maintain dams across the north and the south branches or channels of Rock River adjacent to Vandruffs Island and to Carrs Island, and across the cut-off between said islands, in said county of Rock Island. State of Illinois, in aid of navigation and for the development of water power, together with such works and structures in connection therewith as may be necessary or convenient in the development of said power and the utilization of the power thereby developed: said dams may be built at or near the sites of the dams formerly existing across said branches and said cut-off, or at any place or places between said sites and the dams now constructed at or near the head of said Carrs Island for the Purposes of the Illinois and Mississippi Canal, and the said Samuel S.
Davis, his heirs, executors, administrators, and assigns are hereby authorized and empowered to draw and divert by canal, flume, or race,Canal, etc. or canals, flumes, and races, from the pool formed by the construction of said dams and works incident, thereto, such supply of water as may be required for the full and complete development and utilization of said water power, and to discharge the same into said Rock River or some branch or channel thereof at or near the lower part of said Vandruffs Island, or at some place or places on or near the north shore of said river or of the north branch or channel thereof opposite to or below said Vandruffs Island; and also for that purpose to construct, operate, and maintain such structures and improvements as may be necessary or convenient: *Provided,* That such dams shall not be built*Provisos.*Secretary of War to approve plans, etc. or commenced until the plans and specifications for their construction, together with such drawings of the. proposed construction and such map of the proposed locations as may be required for a full understanding of the subject, have been submitted to the Secretary of War for his approval, or until he shall have approved such plans and specifications and the location of such dams and accessory works; and when the plans 156for any dam to be constructed under the provisions of this Act have been approved by the Secretary of War it shall not be lawful to deviate from such plans, either before or after completion of the structure, unless the modification of such plans has previously been submitted to Locks, etc.and received the approval of the Secretary of War: *Provided,* That in approving said plans and locations such conditions and stipulations may be imposed as the Secretary of War may deem necessary to protect the present and future interests of the United States, which may include the condition that said Samuel S.
Davis, his heirs, executors, administrators, or assigns, shall construct, maintain, and operate, without expense to the United States, in connection with said dams and appurtenant works, a lock or locks, booms, sluices, or any other structures which the Secretary of War at any time may deem necessary in the interest of navigation, in accordance with such plans as he may approve, and also that whenever Congress shall authorize the construction of a lock or other structures for navigation purposes in connection with such dams, the person owning such dams shall convey to the United States, free of cost, title to such land as may be required for such constructions and approaches, and shall grant to the United States a free use of water power for building and operating such Fishways.constructions: *And provided further,* That suitable fishways shall be constructed and maintained in said dams by said Samuel S.
Davis, his heirs, executors, administrators, or assigns, at his or their own expense, as may be required from time to time by the Secretary of Commerce and Illinois and Mississippi Canal.Operation of, not to be affected.Labor: *And provided further,* That said dams and other structures shall be so constructed as in the judgment of the Secretary of War not to interfere with the Illinois and Mississippi Canal and the operation thereof, and the Secretary of War shall at any time control said dams so far as shall be necessary for the purposes of said last above-mentioned canal, but shall not destroy or impair the water power developed by said dams, canals, and appurtenant structures to a greater extent than shall be necessary to provide proper facilities for the navigation of said Illinois and Mississippi Canal or other purposes affecting navigation; and the said Secretary of War may impose reasonable charges for the use of the flowage rights of the United States, if any, below the sites of the present Government dams at the head of said Carrs Dam across south branch of Rock River.Island: *And provided further,* That the Secretary of War is hereby authorized, if in his judgment the interests of the United States will not be injured thereby, to permit the dam across the south branch of Rock River to be located and built on land belonging to the United States, under and subject to such terms and conditions as he may consider just and reasonable.
Sec. 2. Litigation.That in case any litigation arises from the building, operation, and maintenance of said dams, canals, and appurtenant works, or from the obstruction of said river by the same, or any damages resulting to private property by overflow or otherwise, proceedings to adjust, determine, and recover compensation for such damages may be instituted in any court of competent jurisdiction. Sec. 3. Time of construction.That unless the actual construction of the dams herein authorized shall be commenced within one year and completed within three years after the passage of this Act, the rights and privileges herein granted, so far as they pertain to the construction of any dam or dams not then completed, shall cease and determine.
Sec. 4. Amendment.That the right to alter, amend, and repeal this Act is hereby expressly reserved. Approved, May 1, 1906.