Chapter 953. Permitting the building of a dam across the Red Lake River at or near the junction of Black River with said Red Lake River in Red Lake County, Minnesota
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CHAP. 953.— An Act Permitting the building of a dam across the Red Lake River at or near the junction of Black River with said Red Lake River in Red Lake County, Minnesota. March 16, 1906. [[S. 4128](/us/bill/34/s/4128).] [[Public, No. 49](/us/pl/34/49).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the consent of CongressRed Lake River, Minn.Dam by William J Murphy authorized.Location. is hereby granted to William J.
Murphy, his successors and assigns, to build a dam across the Red Lake River at or near the junction of the Black River, so called, with said Red Lake River, in Red Lake 66County, Minnesota, for the development of water power, and such works and structures in connection therewith as may be necessary or convenient in the development of said power and in the utilization of *Provisos.*Secretary of War to approve plans.the power thereby developed: *Provided,* 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 the construction of the same: *And provided further*, Mortification of plans.That the said William J.
Murphy, his 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 of the Secretary of War: *And provided further*, Sluiceway.That there shall be placed and maintained in connection with said dam a sluiceway so arranged as to permit logs, timber, and lumber to pass around, through, or over said dam without unreasonable delay or hindrance and without toll or charges: *And provided further*, Lock.That the dam shall be so constructed that the Government of the United States may at any time construct in connection therewith a suitable lock for navigation purposes, and may at any time, without compensation, control the said 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 Changes.necessary to provide proper facilities for navigation, and that the Secretary of War may at any time require and enforce at the expense of the owners such modifications and changes in the construction of such dam as he may deem advisable in the interests of navigation: *And provided further.* Fishways.That suitable fishways, to be approved by the United States Fish Commission, shall be constructed and maintained at said dam by the said William J.
Murphy, his successors or assigns. Sec. 2. Litigation.That in case any litigation arises from the building of said dam, or from the obstruction of said river by said dam or appurtenant works, cases may be tried in the proper courts, as now provided for that purpose in the State of Minnesota and in the courts of the United States:*Proviso.*Existing laws not affected. *Provided*, That nothing in this Act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt said structures from the operation of same.
Sec. 3. Time of construction.That this Act shall be null arid void unless the dam herein authorized be commenced within one year and be completed within three years from the time of the passage of this Act. Sec. 4. Amendment.That the right to amend or repeal this Act is hereby expressly reserved. Approved, March 16, 1906.