Chapter 2438. To authorize the construction of dams and power stations on the Coosa River at Lock Two, Alabama
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CHAP. 2438.— An Act To authorize the construction of dams and power stations on the Coosa River at Lock Two, Alabama. May 9, 1906. [[H. R. 15334](/us/bill/34/hr/15334).] [[Public, No. 150](/us/pl/34/150).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That any riparian owner,Coosa River. Ala.Right to dam. etc., near Lock Two, granted. whether person, company, or corporation having authority therefor under the laws of the State of Alabama may hereafter erect, maintain, and use a dam or dams in or across the Coosa River, in the State of Alabama, at such points at or near Lock Two as they may elect and the Secretary of War may approve, between a point on the easternLocation. side of the river in the abandoned portion thereof at a point below the United States Government dam at Lock Two and above the navigable portion of the river between Locks Two and Three, for the purpose of erecting, operating, and maintaining power stations and to maintain inlet, and outlet races or canals and to make such other improvements on the eastern bank of the Coosa River between the two points above mentioned as may be necessary for the development or water power and the transmission of the same, subject always to the provisions and requirements of this Act and to such conditions and stipulations as may be imposed by the Chief of Engineers and the Secretary of War for the protection of navigation and the property and other interests of the United States.
Sec. 2. That detailed plans for the construction and operation of aSecretary of War to approve plans, etc. dam or dams and other appurtenant and necessary works shall be submitted by the person, company, or corporation desiring to construct the same to the Chief of Engineers and the Secretary of War, with a map showing the location of such dam or other structures, with such topographical and hydrographic data as may be necessary for a satisfactory understanding of the same, which must be approved by the Chief of Engineers and the Secretary of War before work can be commenced on said dam or dams or other structures; and after such approval of said plans, no deviation whatsoever therefrom shall be made without first obtaining the approval of the Chief of Engineers 184*Provisos.*Unobstructed navigation.Restricted use of water.and the Secretary of War: *Provided,* That the constructions hereby authorized do not interfere with the navigation of the Coosa River: *And provided further.* That said dam or dams and works shall be limited only to the use of the surplus water of the river, not required for the navigation of the Coosa River, and that no structures shall be built and no operations conducted by those availing themselves of the provisions of this Act which shall injure or interfere with the navigation of said river or impair the usefulness of any improvement made by the Government in the interest of navigation.
Sec. 3. Locks, etc.That the Government of the United States reserves the right, at any time that the improvement of the navigation of the Coosa River demands it, to construct, maintain, and operate, in connection with any dam or other works built under the provisions of this Act, suitable lock or locks or any other structures for navigation purposes, and at all times to control such dam or dams or other structures, and the level of the pool caused by such dam or dams, to such an Conveyance of titles.extent as may be necessary to provide facilities for navigation: and whenever Congress shall authorize the const ruction of such lock or other structures, the person, company, or corporation owning and controlling such dam or dams or other structures small convey to the United States, under such terms as Congress shall prescribe, titles to such land as may be required for the use of such lock and approaches, and in addition thereto shall grant to the United States, free of cost, the free use of Damages.water power for building and operating such constructions: *Provided also,* That the person, company, or corporation building, maintaining, or operating any dam or dams or other structures under the provisions of this Act shall be liable for any damage that may be inflicted thereby upon private property, either by overflow or otherwise, in a court of Injury to navigation.competent jurisdiction: *Provided further,* That any injury or damage to the navigable capacity of the Coosa River, or to the works of improvement of the United States in the said river which may result from the construction of the dam and other works herein authorized, or any alteration, enlargement, or change in said works of improvement which may. in the judgment of the Secretary of War, be made necessary by the construction of said dam and other works, shall be made good and completed at once by those availing themselves of the Failure to repair damages.provisions of this Act, their executors, successors, and assigns, and failing this, such injury or damage may be remedied, and such alteration, enlargement, or change may be completed by the United States, Payment for repairs, etc.Bond.and the cost of the work so required shall be paid by the grantees, their heirs or assigns, and to secure the payment for any work thus done by the United States a bond with good and sufficient security in a sum judged adequate by the Secretary of War for the payment of the costs of said work shall be executed and filed with the Secretary of War before any advantage shall be taken of the provisions of this Lights, etc.Act.
The person, company, or corporation owning or operating any such dam shall maintain, at their own expense, such lights and other signals thereon and such fishways as the Secretary of Commerce and Labor shall prescribe. Sec. 4. Rights to cease on failure to comply with requirements, etc.That all the rights acquired under this Act shall cease and be determined if the person, company, or corporation acquiring such rights shall at any time fail to comply with any of the provisions or requirements of this Act. or with any of the stipulations that may be Time of construction.prescribed by the Chief of Engineers and the Secretary of War. or in ease a person, company, or corporation authorized by the laws of the State of Alabama to erect and maintain a dam and improvements as contemplated by this Act shall fail to begin the erection of said dam and improvements within two years after being so authorized and shall fail to complete the same within five years after obtaining such authority. 185 Sec. 5.
That the provisions of this Act shall in no manner interferePrior rights not affected. with or impair the rights of any person, company, or corporation heretofore authorized by Congress to erect a dam or other structures for the development of water power on the Coosa River. Sec. 6. That the right to alter, amend, or repeal this Act is expresslyAmendment. reserved. Approved, May 9, 1906.