Page:United States Statutes at Large Volume 33 Part 1.djvu/800

 F IFTY—EIGHTH CONGRESS. Sess. III. Ch. 566. 1905. 713 Hamilton, Illinois, and to construct, operate, and maintain power stations on or in connection with the said dam, with suitable accessories for the development of water power, and the generation, use, and transmission therefrom of electric ener y and power to be Y derived from the Des Moines Rapids on the Mississippi River: ` Provided, That in lieu of the three locks and the dry dock, with their Prmnlm _ appurtenances, now owned and operated by the United States, at the anliiogiwigrilgrhimk Des Moines Rapids Canal, the said Keokuk and Hamilton Water. Power Company shall build, coincidentally with the construction of the said dam and appurtenances, at locations approved by the Secretary of War, a lock and dry dock with their appurtenances; the Restrictions said lock shall be of such a kind and size and shall have such appurtenances and equipment as shall conveniently and safely accommodate the present and prospective commerce of the Mississippi River; the said dry dock and its appurtenances shall be such as to give space, facilities, and conveniences for the repair of vessels at least equal to those afforded by the existing Government dr·y dock and shops at the Des Moines Rapids Canal: Andprovzided fart/wr, That the said U_¤¤b¤tr¤¤¤<¤<1 ¤¤·vidam and appurtenant works shall be so designed, located, constructed, g°¤°°` maintained, and operated, and the said lock and dry dock, with their appurtenances, shall be so designed, located, constructed and equipped, as to permit at all times during the season of navigation, and at any stage of water, the safe and convenient navigation of steamboats and other vessels, or of rafts and barg)es, through the portion of the Mississippi River now occupied by the es Moines Rapids, as well as through the entire length of the ool formed by the said dam: And provided - further, That detailed pgns for the construction and operation of ‘£,°;’0'§g°IggQ_‘g',;'F° the said dam, lock, dz? dock, and appurtenant works, shall be sub- · ` mitted to and approv by the Secretary of War before the commencement of any portion of the said works; and the said works shall be sumgsroutorem constructed under the supervision of some engineer officer of the Army °°°' ° °°r’ ° °' designated for that purpose, and that after the approval of the said plans no deviation therefrom shall be made without the prior approval of the Secretary of lVar of any such deviation: And providedjiertfzer, That compensation shall be made by the said Keokuk and Hamilton da<£:·1r;¤¤¤¤¤¤ br lVater Power Company to all persons, firms, or corporations whose g ` lands or other property may be taken, overflowed, or otherwise damaged bv the construction, maintenance, and operation of the said works in accdrdance with the laws of the State where such lands or other roperty may be situated; but the United States shall not be held to Usmmimrirey or me have incurred any liability for such damages by the passage of this "‘° S""°" Act: And pmvided fiu·thm·, That when the said dam, ock, dry dock, pipsinrgzgkur rock and appurtenant works shall have been complleted to the satisfaction ° Y ‘ of the bccretarv of War, the United States s all have the ownership and control of uthe said lock, drydock, and their appurtenances, an operate and maintain the same. _ _ _ _ _ Sec. 2. That the withdrawal of water from the Mississippi River vgoeecaou w umand the dischar e of water into the said river, for the purpose of "°°“ o rating the said power stations and appurtenant works, shall be under til); direction and control of the Secretary of lVar, and shall at no time be such as to impede or interfere with the safe and convenient navigation of the said river bv means of steamboats or other vessels, or by _ rafts or barges: Provided, That the said company shall construct suc £_>];gé·5g}S suitablefislrways as may be required from time to time by the Secre-· ' tar of Commerce and Labor. _ _ _ _ _ gmc. 3. That, except as provided for below m this section, the Keo~ etpmoscomzmcuoa kuk and Hamilton Vllater Power Company} shall qear thte emtiretcost ' . of locatin, constructin , maintaining, an opera mg e s ruc ures and appurgenances provdled for in this {let: Provzded, That the United 5r)g>;v§?séupemSiO¤· States shall bear the cost of the supervision of the work by an engineer _