Page:United States Statutes at Large Volume 34 Part 1.djvu/214

 184 F IFTY-NINTH CONGRESS. Sess. l. Ch. 2438. 1906. P'"""'" I mm,. and the Secre of War: Provided, That the constructions hereby pliidi. mw authorized dothbli interfere with the navigation of the Coosa River: wil:-T°°°d °°° °f And provided fart/cer, That said dam or dams and works shall be limited only to the use of the su lus water of the river, not required for the navigation of the Coosa lliver, and that no structures shall be built and no operations conducted by those availing themselves of the provisions of this Act which shall injure or interfere with the navigation of said river or im air the usefulness of any improvement made by the Government in die interest of navigation. I·°°¤· °*°- Sec. 3. That the Government of the United States reserves the right, at any time that the improvement of the navigation of the Coosa RIVCI demands it, to construct, maintain, and operate, in connection with any dam or other works built under the provisions of this Act, suitable lock or locks or any other structures for navigation purposes, and at all times to control such dam or dams or other structures, and the level of the pool caused by such dam or dams, to such an °¤¤'°Y•¤¤¤°“=i¤¢¤ extent as may be necessary to provide facilities for navigation; and whenever Congress shall authorize the construction of such lock or other structures, the person, company, or corporation owning; and controlling such dam or dams or other structures s all convev to the United States, under such terms as Congress shall prescribe, titles to such land as ma be r uired for the use of such lock and approaches, and in addition theretdbghall grant to the United States, free of cost, the free use of Dnmses. water wer for building and operating such constructions: Provided also, Tbait the person, company, or corporation building, maintaining, ‘ or 0 rating an dam or dams or other structures under the provisions of di Act shall be liable for any damage that may be indicted thereby upon private property, either by overiiow or otherwise, in a court of _InjurY w nvm- competent jurisdiction: Provided frwrther, That any injury or damage °°“‘ to the navigable capacity of the Coosa River, or to 'the works of improvement of the nited States in the said river which may result from the construction of the dam and other works herein authorized, or any alteration, enlargement, or change in said works of improvement which may, in the judgment of the Secreta of War, be made necessary by the construction of said dam and officr works, shall be made good and completed at once by those availing themselves of the dalgllure m repair provisions of this Act, their executors, successors. and assi ns, and °"°”‘ ailing this, such injury or damage may be remedied, and sucg alteration, enlargement, or change may be completed by the United States, m¤f¤r¤¤¢¤¢f¤=~v•i¤·. and the cost of the work so required shall be paid by the grantees, anna. their heirs or assi ns, and to secure the payment for any work thus done by the United States a bond with good and sntlicient security in a sum judged adequate by the Secretarv of War for the pavment of the costs of said work shall be executed and tiled with the Secretary of \Var before any advantage shall be taken of the provisions of this Llshtn. cw. Act. The person, company, or corporation owning or operating any such dam shall maintain, at their own expense, sudli lights and other signals thereon and such iishways as the Secretary of Commerce and Labor shall prescribe. mgjgfoggaxgg SBC. 4. :l`hat_all the rights acquired under this Act shall cease and ¤»q¤m»m¤¤s,»et·. determined 1f the person, company, or corporation acquiring such rights shall at any time fail to comply with any of the provisions or requirements of this Act, or with any of the stipulations that may be mxjlme of construe- prescribed by the Chief of Engineers and the Secretary of War, or in ` case a person, company, or corporation authorized by the laws of the State of Alabama to erect and maintain a dam and improvements as contemplated by this _Act shall fail to begin the erection of said dam and improvements within two years after being so authorized and shall fail to complete the same within five years after obtaining such authority.