Page:United States Statutes at Large Volume 34 Part 1.djvu/186

 156 FIFTY-NINTH CONGRESS. Sess. I. Ch. 2072. 1906. for any dam to be constructed under the provisions of this Act have been approved by the Secretary of War it shall not be lawful to deviate from such plans, either before or after completion of the structure, unless the modification of such plans has previously been submitted to I·°°¤· °'°·` and received the approval of the Secretary of _War: Provztled, That in approving said plans and locations such conditions and stipulations may heimposed as the Secretary of War mary deem necessary to protect the resent and future interests of the nited States, w 1ch may include time condition that said Samuel S. Davis, his heirs, executors, administrators, or assigns, shall construct, maintain, and operate, without expense to the United States, in connection with said dams and appurtenant works, a. lock or locks, booms, sluices, or any other . structures which the Secretary of War at any time may deem necessary in the interest of navigation, in accordance with such plans as he may approve, and also that whenever Congress shall authorize the construction of a lock or other structures for navigation plurlposes in connection with such dams, the person owning such dams s al convey to the United States, free of cost, title to such land as may be reguired for such constructions and approaches, and shall grant to the nited States a free use of water wer for building and operating such F*¤'“'•¥* constructions: And rthe¢·, That suitable fishways s all be constructed and maintained in said dams by said Samuel S. Davis, his _ heirs, executors, administrators, or assigns, at his or their own expense, as may be required from time to time by the Secretary of Commerce and si:-"?'{,‘f’,mf““ m""' labor: And provided fart/wr, That said dams and other structures shall beigegggn of. Mt w be so constructed as in the judgment of the Secretary of War notto inter- ·` Mferc with the Illinois and Mississippi Canal and the operation thereof, and the Secretary of War shall at any time control said dams so far as shall be necessary for the purposesof said last above-mentioned canal, but shall not destroy or impair the water power developed by said dams, canals, and appurtenaut structures to a greater extent than shall be necessaryto provide proper facilities for the navigation of said Illinois and Mississippi Canal or other purposes affecting navigation; and the said Secretary of War may impose reasonable charges for the use of the tlowage rights of the United States, if any, below the sites of the present Government dams at the head of said Carrs brL*];H;°,{'gk Igfygf Island: And{u1·0va7de¢I_fa¢1·!hm*, 'l`hat the Secretary of W' ar is hereby authorized, i in his judgment the interests of the United States will not be injured thereby, to permit the dam across the south branch of Rock River to be located and built on land belonging to the United States, under and subject to such terms and conditions as he may consider just and reasonable. u”¢*“°"· Sec. 2. That in case any litigation arises from the building, opera tion, and maintenance of said dams, canals and appurtenant works, or from the obstruction of said river by the same, or any damages resulting to private property by overflow or otherwise. proceedings to adjust, determine, and recover compensation for such damages may be instituted in any court of competent jurisdiction. L m'Qf”° °’ "°“’"‘“" S1·:c._ 3. That unless the actual construction of the dams herein authorized shall be commenced within one year and completed within three years after the passage of this Act, the rights and privileges herein granted, so far as they pertain to the construction of any dam or dams not then completed, shall cease and determine. ·*”'°“‘l’“°“*· Sec. 4. That the right to alter, amend, and repeal this Act is hereby expressly reserved. Approved, May 1, 1906. I