Page:United States Statutes at Large Volume 34 Part 1.djvu/416

 386 FIFTY-NINTH oonerncss. sms. 1. cu. ams. 1906. JFE¢é1m·  3508.-An Act To regulate the construction of dams across navigable [Pubm Nm M] Be it enacted by the Senate and House oflfepreseeztatdves of the batted §1;,,,0,,,f,,,c0n_ {States ofA·merica in Crmgress assembled, That when, hereafter, author- Mpyygsggv ¤¤vi— 1ty is granted by Congress to any persons to construct and maintain a g° dam for water power or other urposes across any of the navigable waters of the United States, sucffdams shall not be built or commenced until the plans and specidcations for its construction, together with such drawings of the proposed construction and such map of the proposed location as may be required for a full understanding of the ,;},!’},’§°v$:*,:,fd“°C,f,F§g sub]ect, have been submitted to the Secretary of War and Chief of ¤f Ensinem- Engineers for their approval, or until they shall have approved such plans and specifications and the location of such dam and accessory Clvmzur works; and when the plans for any dam to be constructed under the · provisions of this Act have been approved by the Chief of Engineers _ and by the Secretary of War it shall not be lawful to deviate from such plans either before or after completion of the structnre unless the modification of such plans has previously been submitted to and received the approval of the Chief of Engineers and of the Secretar mbm of War: Provided, That in approving said plans and location such conditions and stipulations may be imposed as the Chief of Engineers and the Secretary of War may deem necessary to protect the resent and future interests of the United States, which may include the condrtron that such persons shall construct, maintain, and operate, without expense to the United States, in connection with said dam and appurtenant works, a lock or locks, booms, sluices, or any other structures which the Secretary of War and the Chief of Engineers at any time may deem necessary in the interest of navigation, in accordance ,0£!j'°°°h°¤· °°¤··'*> with such plans as they may approve, and also that whenever Congress sl1all_author1ze the construction of a lock, or other structures for navigation purposes, in connection with such dam, the person owning such dam shall convey to the United States, free of cost, title to W t such land as may be req(urred for such constructions and approaches, °°' P°“’°'- gnidshall ggant totthe lmted Sgatesa tree use of water power for ur ing an opera rug suc 1 cons ructrons. m§,§*g,f,’§‘°f,'f““"°‘* I"' Sec. Z. That the right is hereby reserved to the United States to construct, maintain, and operate, rn connection with any dam built under the provisions ot this Act, a suitable lock or locks, or· any other structures for navigation purposes, and at all tunes to control the sand dam and the level of the pool caused by dana to such an extent as H W uw M may be necessary to provide proper facilities for navigation. _,,,,? “€"-'· ··‘ “Sec. 3. That the person, company. or corporation nrilding, rr1aiu— tarnrng, or operating any darn and appurtenant works, under the pro- — mgm mhmm etc visions ot this Act, shall be lrablefor any damage that may be inilictcd ·· · · thereby upon private property, either by overflow or otherwise. The persons owning or operating any such dam shall maintain, at their own expense, such hg ts and other signals thereon and such lishways Formmm of A ht as the Secretary of Commerce and Labor shall prescribe. K “· Sec. _4. That all rights acquired under this Act shall cease and be determined 1f the person, company, or corporation acquiring such rights shall, at any time, fail to comply with any of the provisions and requrrements of tre Act, or with any of the stipulations and condigroérszhthaéz may be grggprrbed as aforesaid by the Chief of Engineers _ na ei .cre ry o ar. ,£};§,‘§*{2‘,‘§‘g’_§°{,‘§‘}‘}; hbriic. o.ll` hat any persons who shall, fail or· refuse to comply with se c. the awtu order of the Secretary of X\ ar and the (Jhret of Engineers, made rn accordance with the provisions ot this Act, shall be deemed gurltyof a violation of this Act, and any persons who shall be guilty of a violation of this Act shall be deemed guilty of a misdemeanor and on convrctron thereof shall be punished by a iine not exceeding five thousand dollars, and every month such persons shall remain in