Page:United States Statutes at Large Volume 27.djvu/535

 FIFTY-SECOND CONGRESS. Sess. 11. cn. 1s:;. ieee. 509 make an order directing the methods and specifying in detail the man- Order di_roc_ting ner in which operations shall proceed in such mine or mines; what §,‘Qf§{{’§,,Sf‘,f,cf‘“”‘“g· restraining or impounding works, if facilities therefor can be found, shall be built, and maintained; how and of what material; where to be located; and in general set forth such further requirements and safeguards as will protect the public interests and prevent injury to the said navigable rivers, and the lands adjacent thereto, with such further conditions and limitations as will observe all the provisions of this act in relation to the working thereof and the payment of taxes on the gross c3fg°° °¤ Sim P*°· proceeds of the same: Provided, That all expense incurred in complying mime. with said order shall be borne by the owner or owners of such mine or E‘*’*’“"S· mines. Sec. 14. That such petitioner or petitioners must within a reasonable Plans. ew-. io iw time present plans and specifications of all works required to be built §§],T‘°°°d °° °°"‘""“` in pursuance of said order for examination, correction, and approval by said commission ; and thereupon work may immediately commence Commencement of thereon under the supervision of said commission or representative wgfllgwision and iu_ thereof attached thereto from said Corps of Engineers, who shall in- spection. spect same from time to time. Upon completion thereof, if found in every Completion of respect to meet the requirements of the said order and said approved "°'k°· _ plans and specifications, permission shall thereupon be granted to the m£;;",f,’§”I;§,{‘gf° °°“" owner or owners of such mine or mines to commence mining operations, subject to the conditions of said order and the provisions of this act. Sec. 15. That no permission granted to a mine owner or owners under cnnamnnn, nin., as this act shall take effect, so far as regards the working of a mine, until E§’.,}°,'§'}""°“°‘"g °"°"" all impounding dams or other restraining works, if any are prescribed by the order granting such permission, have been completed and until the impounding dams or other restraining works or settling reservoirs provided by said commission have reached such a stage as, in the opinion of said commission, it is safe to use the same: Provided, how-  t ever, That if said commission shall be of the opinion that the restrain- ,,,m°§'§§Z;y°§;,t§ct§3j ing and other works already constructed at the mine or mines shall be sufficient to protect the navigable rivers of said systems and the work , of said commission, then the owner or owners of such mine or mines may be permitted to commence operations. Sec. 16. That in case the joint petition referred to in section eleven Allotment of an hereof is granted, the commission shall fix the respective amounts to {’§;‘“‘§,,{,‘§f,0Q°‘$ff_Y,f§; be paid by each owner of such mines toward providing and building vii 508 necessary impoundingdamsor other restraining works. ln the event of a m°’p' ‘ petition being filed after the entry of such order, or incase the impounding dam or dams or other restraining works have already been constructed and accepted by said commission. the commission shall tix such amount t_S·ib¤¤<i¥¤¤¢ rj3i as maybe reasonable for the privilege of dumping therein, which amount dliigigifng Iinvliidgn, M shall be divided between the original owners of such impounding dams ‘ or other restraining works in proportion to the amount respectively paid Avr»{·i}i··¤¤»·<¤¤¤¢ _<·*` by each party owning same. The expense of maintaining and protect- ’{,\ZKh.,l`$2Q}”Q°]“°°"°“g' ing such joint dam or works shall be divided among mine-owners using nnanonnnncenm. the same in such proportion as the commission shall determine. In all Location. cases where it is practicable, restraining and impounding works are to be provided, constructed, and maintained by mine-owners near or below thetmine or mines before reaching the main tributaries of said navigable wa ers. Sec. 17. That at no time shall any more debris be permitted to be Limit of ·i•ii>ii¤ washed away from any hydraulic mine or mines situated on the tribu- w”b°d °w°y` taries of said rivers and the respective branches of each, worked under the provisions of this act, than can be impounded within the restraining works erected. _ SEC; 18. That the said commission may at any time, when the condi of’f§g;§;“**"““· °t°‘* tion ot the navigable rivers or when the capacities of all iinpounding and settling facilities erected by mine-owners or such as may be provided by Government authority require same, modify the order granting the privilege to mine by the hydraulic mining process so as to reduce