Chapter 2568. Authorizing the construction of a dam across the Pend d’Oreille River, in the State of Washington, by the Pend d’Oreille Development Company, for the development of water power, electrical power, and for other purposes
759 words·~3 min read·
/statutes-at-large/vol-34/chapter-2568-1058604·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 2568.— An Act Authorizing the construction of a dam across the Pend d’Oreille River, in the State of Washington, by the Pend d’Oreille Development Company, for the development of water power, electrical power, and for other purposes. June 1, 1906. [[S. 6038](/us/bill/34/s/6038).] [[Public, No. 187](/us/pl/34/187).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the consent of CongressPend d’Oreille River.Pend d’Oreille Development Company may dam, at Big Falls, Wash. is hereby granted to, and it shall be lawful for, the Pend d’Oreille Development Company, a corporation duly incorporated under the laws of the State of Washington, its successors or assigns, to construct and maintain a dam across the Pend d’Oreille River at a point at or about the Big Falls (sometimes known as Metaline Falls) on the Pend d’Oreille River, in the county of Stevens, State of Washington, such point to be selected by the Pend d’Oreille Development Company, its successors or assigns, at said falls, or within one thousand feet above or below the same, for the purpose of erecting, operating, and maintaining a power station, and to maintain inlet and outlet races or canals, and to make such other improvements as may be necessary for the development of water power, electrical power, and the transmission of the same, subject always to the provisions and 206requirements 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 *Proviso.*Secretary of War to approve plans, etc.of the United States: *Provided,* That such dam and works shall not be built or commenced until after 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, and until after he shall have approved such plan and specifications and the location of such dams and accessory Changes.works; when the plans for 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 the completion of the structure, unless the modification of such plans has previously been submitted to and received the approval of the Secretary of War.
Sec. 2. Locks, etc.That the Government of the United States reserves the right at any time that the improvement of the navigation of the Pend d’Oreille 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, Protection to navigation.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 extent as may be necessary to provide facilities for navigation; and whenever Congress shall authorize the construction of such lock or other structures, the Pend d’Oreille Development Company, its successors or assigns, owning and controlling such dam or other structures, Conveyance of title to United States.shall convey to the United States, under such terms as Congress shall prescribe, titles to such lands as may be required for such lock Free use of water power.and approaches, and in addition thereto shall grant to the United States free of cost the free use of water power for building and *Proviso.*Damages.operating such constructions: *Provided,* That the Pend d’Oreille Development Company, its successors or assigns, building, maintaining, or operating any dam or other structures under the provisions of this Act, shall be liable for any damage that may be indicted thereby upon private property, either by overflow or otherwise, in a court of competent Lights, etc.jurisdiction.
The Pend d’Oreille Development Company, its successors or assigns, owning or operating any such dam, shall maintain at their own expense such lights and other signals thereon and such fishways and such ways for the free passage of saw logs as the Secretary of Commerce and Labor shall prescribe. Sec. 3. Time of completion.That this Act shall be null and void unless the dam herein authorized shall be commenced within two years and completed within five years from the date of the approval hereof.
Sec. 4. Amendment.That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, June 1, 1906.