52 STAT.] 75TH CONG., 3D SESS.-CH. 795-JUNE 28, 1938 the Chief of Engineers, irrespective of other provisions of law, pro- ceed to the acquisition of flowage rights and flowage easements in the Eudora floodway, and to its construction as authorized by exist- ing law: Provided, That the intakes of such Eudora floodway shall include an automatic masonry weir with its sill at such an elevation that it will not be overtopped by stages other than those capable of producing a stage of fifty-one feet or over on the Vicksburg gage: Provided further, That a fuseplug levee loop may be constructed behind said sill to prevent flow into the floodway until the predicted flood exceeds the safe capacity of the main river leveed channel, with a free-board of at least three feet, but said fuseplug levee may be artificially breached when in the opinion of the Chief of Engineers such breaching is advisable to insure the safety of the main river con- trolling levee line: Provided further, That the authority to acquire lands, flowage rights, and easements for floodways shall be confined to the floodways proper and to the northward extension of Eudora: Provided further2 That within the discretion of the Chief of Enoi- neers, the guide line levees of the Eudora floodway may be extended south toward Old River: Provided further, That the Chief of Engi- neers is hereby authorized to construct the said Eudora floodway at such location as he may determine, in the vicinity of Eudora. The United States may, within the discretion of the Chief of Engineers irrespective of other provisions of law, proceed to acquire flowage rights and flowage easements in the northward extension of the Eudora floodway, as authorized by existing law, provided that pend- ing the completion of such northward extension all the Riverside fuseplug levee extending south from the vicinity of Yancopin to the vicinity of Vau Cluse, Arkansas, and so as to connect with the exist- ing levee of 1928 grade and section, shall be reconstructed to the 1914 grade and 1928 section: Provided further, That if the back pro- tection levee is constructed prior to the construction pf Eudora flood- way, it shall be connected with the main Mississippi River levee and subsequently connected with the Eudora floodway when con- structed: Providedfurther, That the Chief of Engineers is author- ized, in his discretion, to negotiate options, make agreements and offers with respect to lands, flowage rights, easements, and rights-of- way involved, as provided by law, at prices deemed reasonable by him. "The United States, irrespective of other provisions of law, may, within the discretion of the Chief of Engineers, acquire flowage easements over all lands not subject to frequent overflow in the Atchafalaya Basin below the latitude of Krotz Springs. "Said Morganza floodway shall not be operated until the Wax Lake outlet has been put into operative condition. "The fuseplug levees at the head of the Atchafalaya Basin on the east side of the Atchafalaya River shall be reconstructed to the 1928 grade and section. "The United States may, in the discretion of the Chief of Engi- neers, acquire all flowage rights, flowage easements, rights-of-way for levee foundations, and titles in fee simple as herein provided, either by voluntary acquisition or in accordance with the condemna- tion proceedings by the Secretary of War as provided for in section 4 of the Flood Control Act of May 15, 1928. "In the event the United States acquires or owns title to any lands in fee simple under the provisions of the Act of May 15, 1928, as amended and supplemented, the United States may retain the owner- ship thereof, or any part thereof instead of turning over such lands to the ownership of States or local interests as provided in section 4 1221 Provisos. Eudora floodway in- takes. Construction of fuse- plug levee loop to con- trol flow. Acquisitiono lands, flowage rights, etc., limitation. Extension of Eudora floodway guide line levees. Location. Acquisition of flow- age rights and ease- ments, northward ex- tension. Connection with main Mississippi River levee. Lands, flowage rights, rights-of-way. Atchafalaya Bnsin, acquisition of flowage easements. Wax Lake outlet. Reconstrlction of fuseplug levees on east side of Atchafalaya River. Flowage rights, etc., for levee foundations. 45 Stat. 536. 33 U. S. C. 702d. Retention of ac- quired lands. 45 Stat. S36.
�
