Page:United States Statutes at Large Volume 34 Part 1.djvu/1318

 1288 FIFIY-NINTH CONGRESS. Sess. Il. Cns. 2911,2912. 1901. constitution and State government and be admitted into the ljnion on an equal footing with the ori inal States," and all other laws 1H couiiict herewith are hereby repealed Approved, March 4, 1907, 10 a. m. March 4,1907. CHAP. 2912.-An Act Permitting the erection of a dam across Coosa River, ` [$8526-] Alabama, at the place selected for Lock Numbered Twelve on said river. 1 ,x .24 . - _, [Pub ic 0 7] Be it enacted by the Senate and Ibuae ofltepresentattves of the United i<{:§;,;‘;’°g,gl;?·er States ofAme1~£ca in Cbngress assembled, That the consent of Con- Ccmpanymaydam. g'l‘(·)SS is llBI'Bl’)y gl'HI1lZ€d to lll1B Alabama Power G01I1p11I1y, 8. COI'p0I`8.- tion organizer} 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, ¤·<>¤¤¤¤¤· 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 Geor- 'a and Alabama, in compliance with the requirements of the river and vp1.an,p. ass. E-airbor Act approved June thirteenth, nineteen hundred and two, for the developmentof water power,and such works and structures in connection therewith as may be necessary or convenient in the development of said of Wn w power and in the utilization of the power thereby developed: Provided, approve plans, em. [hat plans for the construction of said dam an a purtenant works shall be submitted to and approved by the Chief ofp Engineers ‘ and the Secretary of War before the commencement of the construc- °'¤¤¤°°~ tion 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 Unobsrructcd navi- Secretary of lVar: Provided jitrt/ner. That said dam and appurtenant g""°"‘ 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. Wh- Sec. 2. That the said dam shall be soconstructed, 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 navi — tion purposes, and may at any time, without compensation, control tglie 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 C*‘**”¤""‘· time require and enforce, at the expense of the owners, such modifications and changes in the construction of such dam as may be neces- ,{T{j;f§j-powu sary in the interest of navigation: Provided, That the Alabama Power i { 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: Prom}£x·(gti<£¤;¤;Ff¤r¤·¤¤· sided fi¢rther. 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