Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1872-05-31
CHAPTER 1853.
ED WRIGHT,
Secretary of State.

CHAPTER 1863.
AN ACT to promote water power i'm
provements
SECTION 1. Be it enacted by the Gen
eral Assembly of the State of Iowa, That
there is hereby granted to any corpora
ton which shall organize after the
passage hereof, in accordance with the
provisions of Chapter SO of the Revision
of 1860, laws Of Iowa, for the purpose
of utilizing and improving any water
power within this State, or in the streams
lying upon the borders thereof, the
right to take and hold, under the pro-
visions of this act, so much real estate
as may be necessary for the location,
construction, and convenient use of its
canals, conduits, mains, and water ways,
or other means or device employed in
the utilization of such water power, for
any of the purposes in this act mention
ed, and for the construction of such
buildings and their appurtenances as
may be required for the purposes afore-
said. Such corporation may also take,
remove, and use for the construction
and repair of its said canals, waterways
buildings, and appurtenances any earth,
gravel, stone, timber or other materials,
on or from the land so taken. Com
pensation shall be made for the lands
and materials so taken and used by such
corporation, to the owner or owners,
thereof. in compliance with. and in the
manner provided in section one. two,
three, four, five, six and seven, of IAN
Act granting the right of way to. rail
road companies, passed and approved
January IS, 1858. And all the provis.
ions contained in the said mentioned
sections of the said act relating to rail-
road companies, shall be taken and con-
strued to apply to the corporations
taking and using lands and materials
hereunder. Such use of the lands and
materials as aforesaid is hereby declar-
ed tc be a public use.
Sec. 2. Corporations so organized as
aforesaid. may use, raise, or lower any
turnpike, plank road, or other high
way, for the purpose Of having their
said canals, water ways, mains and
pipes, pass over, along or under the
same; and in such case such corporations
shall put such turnpike, plank-road, or
other highway, as soon as may be. in
good repair and condition, for the safe
and convenient use of the public. And
such corporations may construct and
carry their canals. conduits, waterways,
mains, or water pipe, across, over, or
under any railroad, canal, stream, or
water course, when it shall be necessary
for the construction or operation of the
same, but shall do so in such manner as
not necessarily to impede the travel,
transportation or navigation upon, OF
other proper use of such railroad, canal
or stream: Procided, That the powers
conferred in this section must be cx-
ercised in cities and towns with the
consent and under the control Of the
city council or trustees of said municipal
cor porations.
SEC. 3. Corporations so organized as
aforesaid, are hereby authorized to pass
over, occupy, and enjoy any of the
school, university, ard saline, or other
lands of this State, whereof the fee, or
any use, easment or servitude, therein
is in the public, without making COM
pensation therefor; propided, no more Of
such land shall be taken than is re-
CURED for the necessary use and con-
venience of such corporations.
Sec. 4. Corporations in addition to
those composed by virtue hereof, and
by virtue Of the provisions of the gen.
eral corporation laws aforesaid, shall
have the following powers: To borrow
money for the purpose Of constructing,
renewing, or repairing their works, and
to make. execute and deliver all such
contracts, bonds notes, bills, mortgages,
deeds of trust, and other conveyances,
charging or numbering their property,
including all and singular their fran.
chises, and the rights, powers and priv,
ileges which shall be acquired by yir-
tue of the provisions hereof, or any part
or parcel hereof; and the grantee of any
such corporations, and the purchaser of
the said property, franchises, rights. and
privileges, or any part thereof, under
and by virtue of any judicial sale there
of, shall take and hold the same as fully
and effectually to all intents and pur-
poses, as the same were held and enjoy.
ed by such corporation; to erect, main
tain,. and operate, canals, condaits,
mains, water ways, mills, factories. and
other buildings and machinery, includ.
ing waterways, sluices, and conduits
for the purpose. of carrying waste water
off from SAID premises to the stream from
which the same was taken, or other con.
vcnicnt place; to let, lease, or sell and
convey any portion of their water sup.
ply, and any of the buildings, mills. or
factories, or machinery aforesaid, for
such, sums, prices, rents, tolls, and rates,
as shall be agreed upon between the
parties; to lay down, maintain, and
operate such water-mains, conduits,
leads, and service pipes as shall BIO
necessary to supply any building, vill-
age, town, or city with water.
SEC 5. Each corporation organized
as aforesaid, shall take, hold, and enjoy
the privilege of utilizing and improv-
ing the water power, and the rights,
powers and privileges hereby conferred
which shall be specifically mentioned
and described IN its articles of inc0r-
PROVIDED, it shall proceed in
good faith to make the Improvements
and employ the powers in its said arti-
cles of incorporation mentioned, and
shall within two years from the date of
its organization provide the necessary
complete the preliminary sur
veys, and actually commence the work
Of improving and utilizing the water
power, and furnishing the supply Of
water. 40 mentioned in its articles Of
incorporation. Provided also, that said
water works and canals be completed
within Ave years from the time when
aid desperation, has been organixeft.
96 Th}@ NJ being deemed of i-.