Page:United States Statutes at Large Volume 34 Part 1.djvu/842

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812 FIFTY-NINTH CONGRESS. Sess. I. Ch. 3933. 1906. any and all highways, waterways, railroads, and other works, either public or private, necessary for the making, maintaining, and operat- _ ing, of the canals, feeders, and other works of the company. m§;§}'ef,*° ”“° "°"“ Sec. 12. That the said company in the exercise of its right of eminent am, yi. am. domain as granted in section two of this Act may, subject to the rights of and in conformity with the laws of the States, respectively, through which said canals shall pass, or any of the municipalities thereof affected thereby, to regulate and control the same, obtain, take, and use for the construction and operation of the said canals, feeders, and other works from the rivers, lakes, brooks, streams, water courses, ponds, reservoirs, and other sources of water supply sufficient water for the purpose of constructing, maintaining, operating, and using the ,,°§§.‘§",§_l·°°°‘·'°*“” said canals, feeders, and other works hereby authorized; control and regulate the flood waters of the Allegheny River above Franklin, Pennsylvania, and the Beaver, Mahoning, Grand, Ashtabula, Shenango, and Little Shenango rivers, and Sandy Creek, and the tributaries of said streams by regulating dams, weirs, reservoirs, and impounding dams, and divert, alter, or impound the waters of any river, lake, brook, stream, and the tributaries of said streams or water courses when the same is necessary to the making, maintaining, and _ operating of the said canals, feeders, and other works hereby author- {;",,,‘§,",‘§{;,,,,_ ized: Provided, That nothing herein contained shall authorize said company to impair the navigability of any river or stream, or to diminish at any time the water supply of any city, village, or municipality below the reasonable requirements of such city, village, or municipality, mm2;? Nm" or in any manner to pollute the same: Provided, That no water shall be drawn for the purposes of said canal, its branches, or feeders, from above Niagara Falls, either from Niagara River or its tributaries, _ _ unless approved and allowed by the Secretary of War: And provided, ,,fQ,"°,§’§‘,;’g,‘8,‘,;* "I§§`§§Q That no greater amount of water shall be diverted from Niagara River iirjmd. 6,,6 or its tributaries above iagara Falls than shall be specified in any gen-

’ eral law of the United States limiting the szune. ’

T‘"m"‘°l‘»°"°· Sec. 13. That the said company may construct, maintain, acquire, operate, and lease. or otherwise dispose of the terminals, docks, harbors, piers, wharves. elevators, warehouses and appurtenances, and ],3€‘Q°g’“Ph· °*°·· telegraph and telephone lines along the said canals that may be - necessary or useful in the construction, operation, and maintenance V°““°“‘#°*°· thereof, and may acquire or make any vessel, craft, mechanism, or appliance whatsoever necessary for constructing, maintaining, and, ”°”'° P°"°’- operating said canals, and use, lease, or dispose of the same; and develop, acquire, use, and dispose of any motive power whatsoever in connectioii with or as part of the works herein authorized. ,,,g,{‘Q{;°“· d°°“· Sec. 14. That the said company, subject to and in conformity with the laws of the respective States through which said canal is constructed, may take, use, occupy, and hold, but not alienate, so much of the public beach or beach road, or lands covered with the waters of the rivers, lakes. brooks, streams, water courses, reservoirs, or ponds, on or at which the said canals may start from, traverse, cross, or terminate as may be necessary for the wharves, docks, piers, buildings, feeders, or ugggyjgg g&f’*8’*‘ other works of the company, and may also construct such works as ` may be necessary to improve the navigation of said rivers and to stop the waste of waters therefrom and economize and utilize the same for the uses herein provided for. aggcgggyggg gg ¤<> Sec. 15. That the company shall prepare and file with the Secretary

of \Var, for his approval, the lans, locations, dimensions, and all

necessary particulars of its canais feeders, and other works between the Ohio River and Lake Erie, and before such approval the construction thereof shall not be begun; and should any change in said plans be proposed during the progress of construction, such change shall be submitted to the Secretary of War and be by him approved before