ments of navigation; said leases or licenses not to extend beyond the period of twenty years; and all moneys received under such leases or licenses shall be turned into the Treasury of the United States, and the itemized statement thereof shall accompany the annual report of the Chief of Engineers. But nothing in this act shall be construed to affect any vested right, if such there be, of any lessee of water-power on said river. (26 Stat. 447.) These were provisions of the river and harbor appropriation act of 1890, cited above. § 9988. (Act June 13, 1902, c. 1079, § 1.) Cumberland River, Tennessee; leases of water powers, etc. Improving Cumberland River, Tennessee, above Nashville: For the completion of Lock and Dam Numbered One and for maintenance, * *. And the Secretary of War is hereby authorized, in his discretion, to grant leases or licenses to the highest responsible bidder for the use of the water power created by said dam, at such a rate and on such conditions and for such periods of time as may seem to him expedient; and he is also authorized, in his discretion, to issue permits for the construction, maintenance, and operation of inlet and outlet canals and other structures, on such plans as he may approve, for the diversion of water aforesaid: Provided, That any lease or license so granted shall be limited to the use of the surplus water not required for navigation, and no structures shall be built and no operations be conducted which shall in any manner injure navigation, interfere with the operations of the Government, or impair the usefulness of any improvement made by the Government for the benefit of navigation; and the right of Congress to alter, amend, or repeal the provisions of this paragraph is hereby expressly reserved: Provided further, That before leasing or licensing such water privileges, or issuing permits for the construction and operation of such canals, or otherwise disposing of any water power or privilege, the Secretary of War shall first advertise the same in one or more daily papers at Nashville, for sixty days immediately preceding, stating specifically the right or privilege proposed to be leased or conveyed, with its exact limitations, inviting bids for the same, and he may, in his discretion, then lease the same for a specific term of years at so much per year, to be paid semiannually in cash into the Treasury, and the Secretary of War shall reserve the right to reject any or all bids. (32 Stat. 358.) These were provisions of section 1 of the river and harbor appropriation act of 1902, cited above. § 9989. (Act June 13, 1902, c. 1079, § 1, as amended, Act March 3, 1909, c. 264, § 12.) Diversion of water from Saint Marys River for water power; preservation of level of Lake Superior; conservation of right to flow of water, etc.; compensation for use of water or water power; limitations on grants of rights; leases; regulations. Subject to the express precedent conditions hereinafter mentioned, the Michigan Lake Superior Power Company, of Sault Sainte Marie, Michigan, its successors and assigns, after first obtaining consent of the Secretary of War and the Chief of Engineers and their approval of the said canal and remedial works proposed, is hereby authorized to divert water from the Saint Marys River into its water-power canal now being constructed at Sault Sainte Marie, Michigan, for waterpower purposes while and so long as such works and diversion of water from said river shall not injuriously affect navigation therein, nor impair or diminish the water levels or any natural increase thereof either in Lake Superior or in the United States ship canal and locks or the navigable channels, locks, or ship canals connected therewith, whether natural or artificial, now existing or which may hereafter be established or created by the United States for navigation purposes. And conditioned further, that said company shall establish, maintain and operate suitable and sufficient remedial and controlling works in the rapids of said river, to the approval of the Secretary of War and the Chief of Engineers; and said company shall maintain and operate said canal and works in accordance with any rules and regulations that may hereafter be recommended by any International Commission and that shall become operative. Whenever, in the judgment of the Secretary of War, the operation of said canal and remedial and controlling works, or either of them, either in themselves or in conjunction with any other canal or canals in the United States or Canada which now or hereafter may exist, is injuriously affecting water levels or the navigation of Lake Superior, the River Saint Marys or other channels, locks or ship canals connected therewith as hereinbefore provided, he shall impose upon said Company such rules and regulations for the operation of said canal and remedial works, as may, in his opinion, be necessary to prevent such injury. It shall become his duty, and he shall have the authority to enter upon the property of said Company and to close said canal in whole or in part to the extent necessary to maintain water levels and to require said Company, at its own expense, to remove, add to or modify said works or any part thereof to the extent necessary to maintain water levels. Neither the Secretary of War nor the Chief of Engineers or any officer or other person acting under direction of them or either of them, shall be in any way liable by reason of anything done in the execution of this provision. All remedies herein provided however, shall be cumulative and shall be without prejudice to any other remedies either of the United States. or of individuals for failure of said Company to maintain said levels for navigation purposes as herein provided. Nothing herein contained shall be held to affect any existing riparian or other rights of any person or corporation, or the existing remedies therefor, or any action at law or equity now pending. The right is hereby expressly reserved to Congress to alter, amend or repeal the provisions contained in this paragraph. The right to the flow of water, and riparian, water power, and other rights, now or hereafter owned by the United States in the Saint Marys River in Michigan shall be forever conserved for the benefit 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 or other agreement, through the Secretary of War, who is hereby authorized to make such leases or agreements: Provided, That a just and reasonable compensation shall be paid for the use of all waters or water power now or hereafter owned in said Saint Marys River by the United States, whether utilized in said river or in any lateral canal, said compensation to be fixed by the Secretary of War: Provided further, That under no circumstances shall any rights be granted in said river which will interfere with the needs and uses of navigation, or which will limit the absolute control of said land and waters when desired for purposes of navigation by the United States, or for a longer period than thirty years, and the Secretary of War, in his discretion, may provide for readjustment of compensation at periods of ten years, nor shall any such rights be granted without just and adequate compensation. It is intended that any excess of water in the Saint Marys River at Sault Sainte Marie over and above the amount now or hereafter required for the uses of navigation shall be leased for power purposes by the Secretary of War upon such terms and conditions as shall be best calculated in his judgment to insure the development thereof. The Secretary of War may, as often as necessary, make such regulations as in his judgment are reasonable and just and best calculated to carry out the purposes of this section. (32 Stat. 361. 35 Stat. 821.) The first three paragraphs set forth here were provisions following an appropriation for improvements of Saint Marys River, in section 1 of the river and harbor appropriation act of 1902, cited above. The last paragraph, beginning with the words "The right to the flow of water," etc., was added thereto by amendment of said act by Act March 3, 1909, c. 264, § 12, also cited above. Provisions for the revocation of licenses for use of water power at Saint Marys Falls Ship Canal, to take effect January 1, 1911, were made by Act March 3, 1909, c. 264, § 11, 35 Stat. 820. § 9990. (Act March 3, 1909, c. 264, § 9.) Wabash River at Mount Carmel, Illinois; leases of water power, etc. The Secretary of War is hereby authorized and empowered to grant leases or licenses for the use of the water power created by the government dam of the Wabash River at Mount Carmel, Illinois, at such a rate, and on such conditions, and for such periods of time, as may seem to him just, equitable, and expedient; the said leases. or licenses to be limited to the use of the surplus water not required for navigation, and to a period not exceeding twenty years; and he is also empowered to grant leases or licenses, not exceeding twenty years, for the occupation of such land belonging to the United States on said river as may be required for mill sites or other industrial purposes not inconsistent with the requirements of navigation: Provided, That all moneys received under such leases or licenses shall be deposited in the Treasury of the United States, and an itemized statement thereof shall accompany the annual report of the Chief of Engineers. (35 Stat. 819.) These provisions were part of section 9 of the river and harbor act of 1909, cited above. § 9991. (Act June 25, 1910, c. 382, § 1.) Mississippi River, Saint Paul to Minneapolis; modified project adopted; leases of water power. Improving Mississippi River, from Saint Paul to Minneapolis: The modified project recommended by the Chief of Engineers in his report dated March third, nineteen hundred and ten, printed in House Document Numbered Seven hundred and forty-one, Sixty-first Congress, second session, is hereby adopted, and all future work on said improvement shall be prosecuted in accordance therewith: Provided, That in the making of leases for water power a reasonable compensation shall be secured to the United States, and the rates as fixed shall be subject to revision by Congress. (36 Stat. 659.) These provisions were part of section 1 of the river and harbor appropriation act of 1910, cited above. § 9992. (Act July 25, 1912, c. 253, § 12.) Development of water power. In order to make possible the economical future development of water power the Secretary of War, upon recommendation of the Chief of Engineers, is hereby authorized, in his discretion, to provide in the permanent parts of any dam authorized at any time by Congress for the improvement of navigation such foundations, sluices, and other works, as may be considered desirable for the future development of its water power. (37 Stat. 233.) This section was part of the rivers and harbors appropriation act of 1912, cited above. Sec. CHAPTER G The Mississippi River Commission This chapter includes provisions relating to the Mississippi River Commission, established for the improvement of said river, principally Act June 28, 1879, c. 43, and subsequent amendatory and additional provisions. The Missouri River Commission, created by Act July 5, 1884, c. 229, § 1, 23 Stat. 144, charged with the duty of superintending the improvement of the Missouri River, was abolished by Act June 13, 1902, c. 1079, § 1, 32 Stat. 367, which repealed the provisions creating the Commission and prescribing its powers, etc., and required it to submit a report of its proceedings and to transfer to and place under control of the Secretary of War all vessels, etc., and other property pertaining to the improvement of the Missouri River, and directed him to control all property previously under the control of the Commission and all works previously under its supervision. Sec. 9997. Duties of commission; detail of assistants, etc.; additional force. 9998. Plans; report. 9999. Plans for immediate works. Sec. 10002. Expenditure of funds appropri ated for improvement of Mis- Sec. plans, etc., of Mississippi River Commission. 10003. Offices and meetings of commission. § 9993. (Act June 28, 1879, c. 43, § 1.) Mississippi River Commission created. A commission is hereby created to be called "The Mississippi River Commission", to consist of seven members. (21 Stat. 37.) This was the first section of an act entitled "An act to provide for the appointment of a 'Mississippi River Commission' for the improvement of said river from the Head of the Passes near its mouth to its head-waters." The remaining sections of said act as originally enacted, sections 2-7 thereof, are set forth post, §§ 9994, 9997-10001. Another section, added to the act, as section 8 thereof, by amendment by Act Feb. 18, 1901, c. 377, is set forth post, § 10003. § 9994. (Act June 28, 1879, c. 43, § 2.) Appointment of commission; compensation; tenure. The President of the United States shall, by and with the advice and consent of the Senate, appoint seven commissioners, three of whom shall be selected from the Engineer Corps of the Army, one from the Coast and Geodetic Survey, and three from civil life, two of whom shall be civil engineers. And any vacancy which may occur in the commission shall in like manner be filled by the President of the United States; and he shall designate one of the commissioners appointed from the Engineer Corps of the Army to be president of the commission. The commissioners appointed from the Engineer Corps of the Army and the Coast and Geodetic Survey shall receive no other pay or compensation than is now allowed them by law, and the other three commissioners shall receive as pay and compensation for their services each the sum of three thousand dollars per annum; and the commissioners appointed under this act shall remain in office subject to removal by the President of the United States. (21 Stat. 37.) See notes to preceding section. The provision of this section relating to the compensation of the commissioners appointed from the Coast and Geodetic Survey was modified by a provision of Act June 25, 1910, c. 382, § 1, post, § 9995. Provisions relating to traveling expenses of the civilian members of the Commission, etc., were made by Act July 25, 1912, c. 253, § 1, post, § 9996. § 9995. (Act June 25, 1910, c. 382, § 1.) Compensation of member appointed from Coast and Geodetic Survey. From and after the date of the approval of this Act the member of said commission appointed from the Coast and Geodetic Survey shall receive the same annual compensation as other civilian members of said commission, and the excess of said compensation over and above the compensation he receives from the Coast and Geodetic Survey shall be paid from the funds of said commission. (36 Stat. 658.) This was a proviso annexed to an appropriation for improving the Mississippi River, etc., in the river and harbor appropriation act of 1910, cited above. |