Chapter 334. Granting the consent of Congress to the city of Fort Smith, Sebastian County, Arkansas, to construct, maintain, and operate a dam across the Poteau River
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CHAP. 334.— An Act Granting the consent of Congress to the city of Fort Smith, Sebastian County, Arkansas, to construct, maintain, and operate a dam across the Poteau River.March 3, 1927.[[S. 2164](/us/bill/69/s/2164).][[Public, No. 737](/us/pl/69/737).] Poteau River, Okla.Preamble.Whereas the city of Fort Smith, Sebastian County, Arkansas, a duly organized and incorporated city in said county and State, is dependent for its water supply upon the Poteau River, a stream originating in the State of Oklahoma and emptying into the Arkansas River just east of the State line between the States of Arkansas and Oklahoma; and Whereas it is necessary for a dam to be constructed in order to preserve the purity of the water supply of the said city of Fort Smith:
Therefore *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Fort Smith, Ark., may dam, west of State dividing line. That the consent of Congress is hereby granted to the city of Fort Smith, a duly 1371incorporated city, of Sebastian County, Arkansas, to construct, maintain, and operate a dam across the Poteau River, at a point suitable to the interests of navigation, at or near a point just west of the State line dividing the States of Arkansas and Oklahoma, and near or just above the mouth of Mill Creek: *Provided*, That*Provisos*.Elevation of dam. the crest of such dam shall not exceed an elevation of six feet above the low-water stage of the Poteau River and that the city of FortPayment of damages Smith shall be responsible and pay for all damage which may accrue to the Choctaw and Chickasaw Indians as a result of the construction of the dam or the use by the city of Fort Smith of the Poteau River for water-supply purposes: *Provided further, *That the work shall not be commenced until the plans therefor haveApproval of plans. been submitted to and approved by the Chief of Engineers, United States Army, and by the Secretary of War: *Provided further*, ThatConstruction of lock, etc., way be required. in approving the plans for said dam such conditions and stipulations may be imposed as the Chief of Engineer's and the Secretary of War may deem necessary to protect the present and future interests of the United States, which may include the condition that the said city shall construct, maintain, and operate, without expense to the United States in connection with said dam, a lock, boom, sluice, or any other structure or structures which the Secretary of War and the Chief of Engineers or Congress at any time may deem necessary in the interests of navigation, in accordance with such plans as they may approve: *And provided further*, That this ActPower use not authorized. shall not be construed to authorize the use of such dam to develop water power or generate hydroelectric energy.
Sec. 2. That the authority granted by this Act shall cease andTime of construction. be null and void unless the actual construction of the dam hereby authorized is commenced within one year and completed within three years from the date of approval of this Act: *Provided*, That*Proviso*.Authority to terminate on notice from Federal Power Commission of interfering with water power development. from and after thirty days notice from the Federal Power Commission, or other authorized agency of the United States, to said city or their successors, that desirable water-power development will be interfered with by the existence of said dam, the authority hereby granted to construct, maintain, and operate said dam shall terminate and be at an end; and any grantee or licensee of theGrantee of power project may remove, etc., dam.
United States proposing to develop a power project at or near said dam shall have authority to remove, submerge, or utilize said dam under such conditions as said commission or other agency may determine, but such conditions shall not include compensation for the removal, submergence, or utilization of said dam. Sec. 3. That the right is hereby reserved to alter, amend, or repealAmendment. this Act. Approved, March 3, 1927.