Chapter 2912. Permitting the erection of a dam across Coosa River, Alabama, at the place selected for Lock Numbered Twelve on said river
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CHAP. 2912.— An Act Permitting the erection of a dam across Coosa River, Alabama, at the place selected for Lock Numbered Twelve on said river. March 4, 1907. [[S. 8526](/us/bill/59/s/8526).] [[Public, No. 247](/us/pl/59/247).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Coosa River, Ala.Alabama Power Company may dam. That the consent of Congress is hereby granted to the Alabama Power Company, a corporation organized under the laws of the State of Alabama, its successors and assigns, to build a dam, of such height as the Chief of Engineers and the Secretary of War may approve, across the Coosa River, Location.in Alabama, at the place selected for the location of Lock and Dam Numbered Twelve on said river, as located in the survey made by the engineers of the United States of the Coosa and Alabama rivers in Georgia and Alabama, in compliance with the requirements of the river and Vol. 32, p. 353.harbor Act approved June thirteenth, nineteen hundred and two, for the developments water power, and such works and structures in connection therewith as may be necessary or convenient in the development of said *Provisos.*Secretary of War to approve plans, etc.power and in the utilization of the power thereby developed: *Provided*, That 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 the construction Changes.of the same: *Provided further*, That the Alabama Power Company, its successors or assigns, shall not deviate from such plans after such approval, either before or after the completion of said structures, unless the modification of said plans shall have previously been submitted to and received the approval of the Chief of Engineers and Unobstructed navigation.Secretary of War: *Provided further*, That said dam and appurtenant works shall be limited to the use of the surplus water only of the river not required for the navigation of the Coosa River, and that no structure shall be built and no operations conducted under the provisions of this Act which shall at any time injure or interfere with the navigation of said river or impair the usefulness of any improvement by the Government in the interests of navigation.
Sec. 2. Locks. That the said dam shall be so constructed, including a proper forebay, that the Government of the United States may at any time construct in connection therewith a suitable lock or locks for navigation purposes, and may at any time, without compensation, control the said dam or other structures and the level of the pool caused by such dam so far as shall be necessary for purposes of navigation, but shall not destroy the water power developed by said dam and structures to any greater extent than may be necessary to provide proper facilities for navigation, and that the Secretary of War may at any Changes.time require and enforce, at the expense of the owners, such modifications and changes in the construction of such dam as may be necessary *Provisos.*Electric power.in the interest of navigation: *Provided*, That the Alabama Power Company, its successors or assigns, shall furnish the necessary electric current, while its power plant is in operation, to move the gates and operate the locks in connection with said dam and to light the United States buildings and grounds free of cost to the United States: *Provided* *further,*Use of lands for construction, etc.
That the Alabama Power Company, its successors or assigns, is hereby granted the right to use any lands which may belong to the United States of America and necessary for the construction and maintenance of said dam and appurtenant works, or which may be inundated with water by reason of the construction of said dam and appurtenant works, and in consideration therefor the 1289said company, its successors or assigns, shall, upon request of the Chief of Engineers and the Secretary of War, convey free of cost toConveyance of other lands to the United States. the United States of America such suitable tract or tracts of land as may he selected by the Chief of Engineers and the Secretary of War for the establishment of such lock or locks and approaches and other purposes as the needs of navigation may require.
Sec. 3. That this Act shall be null and void unless the dam hereinTime of construction. authorized be commenced within three years and completed within seven years from the time of the passage of this Act. Sec. 4. The authority herein conferred shall, except as herein specifically*Ante*, p. 386. provided, be subject in all respects to the provisions of the Act entitled “An Act to regulate the construction of dams across navigable waters,” approved June twenty-first, nineteen hundred and six.
Sec. 5. The right to alter, amend, or repeal this Act is herebyAmendment. expressly reserved. Approved, March 4, 1907.