Page:United States Statutes at Large Volume 35 Part 1.djvu/838

 SIXTIETH CONGRESS. Sess. II. Ch. 264. 1909. 821 waters north of the present Saint Marys Falls ship canal throughout its _ length," and en ing with the words "to comply with the provrsrons of the river and harbor Act of nineteen hundred and two, but such lands, if so acquired, shall be obtained without expense to the United States,” is hereby repealed. _ _ Every permit, license, or authority of every kind, nature, and descrip- i,,§$fc‘§,‘{,“,‘,§§,’§‘0‘f.',$,f,§,‘}j tion heretofore issued or ranted b the United States, or any official 1><>W¢¤ P*Ml0¢¤¤- thereof, to the Chandlenlgunbar Vlpater Power Com ny, the Edison Sault Light and Power Company, the Edison Sault Elexctric Company, or the Saint Marys Power Company, shall cease and determine and become null and void on January first, nineteen hundred and eleven, and the Secretary of War is hereby authorized and instructed to revoke, cancel, and annul every such permit, license, or authority, to take effect on January first? nineteen hundred and eleven. The Secretary of Vi ar may, in his discretion, permit the Chandler- dJ,Q“§,,§’§,‘}f"”* °°"° Dunbar Water Power Company and the Edison Sault Electric Company to maintain their present works and utilize the water wer in said river at said rapids, in so far as the same does not interieie with navigation, or retar the construction of government works in said river, under such rules or regulations as have been or hereafter shall be imposed by the Secretary of War, until they shall be aid the compensation awarded by the court for their property contlhmned rmder the provisions of this section; but said permit sha] not extend beyond Januar first, nineteen hundred and eleven. < The President of the United States is respectfully requested to open Dx{,§°;’,{§Y""°'°'°"' negotiations with the Government of Great Britain for the purpose of ‘§;gg¤i·;gg¤¤Gr;£ efectually providing, by suitable treaty with said Government, for hnummmmummaintaining ample water levels for the uses of navigation in the Great ’“"· Inkes and the waters connected therewith, by the construction of such controlling and remedial works in the connecting rivers and channels of such la es as may be agreed upon by the said governments under the provisions of said treaty. _ ` The Secretary of War is further authorized and instructed to cause ,,,f°§{},{‘,}*;f“‘§'f,§,'§‘,{*,,f’}f,;; to be made a preliminary examination and survey to ascertain and ¤¤v*·¤¤· determine a proper plan and the lprobable expense for constructing in the rapids of the Saint Marys iver a iillingbasin or forebay, from _ which the ship locks shall be filled: Provided, hat such survey shall in §'f,‘{“',j’,· dm,. c,,,,_ nodway delay or interfere with the plans for construction already ¤¤*00**0¤· un erwa. Sec. 15. That part of the Act entitled "An Act making appropria- ,,,§.l$‘“’fi§{,I,{}*°C,§°,‘}l tions for the construction, repair, and preservation of certain (public ¤·¤g>‘;·, 8,, P an works on rivers and harbors, and for ot ner purposes," approve June mended.. ' thirteenth, nineteen hundred and two, in section one, re ating to the Michigan-Lake Superior Power Company, is hereby amended by adding the following: d in h The right to the flow of water, and riparian, water power, and other ,,f°}’;°,l'f{§d °§,§,,,“,§ rights, now or hereafter owned by the United States in the Saint **0** 0* W¤*0*·0F°- Marvs River in Michigan shall be forever conserved for the benetit of the Government of the United States, primarily for the purposes of navigation and incidentally for the purpose of having the water power _ developed, either for the direct use of the United States, or by lease I·°”°’°“"’°“”°‘*· or other agreement, through the Secretary of War, who is hereby _ authorized to make such leases or agreements: Provided, That a ]ust §’,§",,‘§§g,m,,,, my, and reasonable compensation shall be paid for the use of all waters or 1**0 *0* “=°· water (power now or hereafter owned in said Saint Marys River by the Unite States, whether utilized in said river or in any lateral canal, said compensation to be fixed by the Secretary of \Var: Pr0mIded_f?¢y·- ummmm on an ther, That under no circumstances shall any rights be granted in said gums_ river which will interfere with the needs and uses of navigation, or which will limit the absolute control of said land and waters when