The Montgomery advertiser., 1907-03-25

| eign corporations, and which by their charter have the right to manufacture. | supply and sell to the public, power l produced as motive force. shall, af- ter acquiring by purchase or otherwise l than by condemnation a dam or power 1 site comprising not less than one acre | of land upon each and opposite sides of | any water course. have the right and l authority to acquire by condemnation | in the manner provided by law for the condemnation of lands and rights Of 1 way for public use in Article One CD 1 Chapter 42 of the Code the lands n@e- essary for the construction and oper- | alton of said dam, and works there with, and the right and authority to construct and operate at said site and across said stream dam, together with all works Incident or necessary thereto. and the right and authority to impound or divert water of any water course or water courses of this State. and the right and authority to l raise higher such dam and to enlarge 1 the works necessary or incident thero- l to, as may be required or deemed eyv | pedfent by such corporation, in tAsS manufacture and supply of power pro- duced by water as a motive force Sec. 2. That Section ? of said Act | be amended so as to read as follows: l Section ?. That corporations such as are mentioned in Section 1 hereof shall have the right and authority to ac- quire by purchase, if said corporation and the owners agree. and if said cor poration and said owners cannot agree as to said purchase, then by condeni- nation in the manner provided by law for the condemnation of lands and rights of way for public use in Arr ticle One CD, Chapter 42 of the Code of 1898. which method of condsmna- tion shall be cumulative. all lands or waters or interests or rights or ease ments in lands or waters, likely or lia- ble to be flooded or damaged by im- pounding or divertlng the wa ter of any water course of ries or necessary for the construction of dams and power houses, or works necessary or incident thereto, or like ly or liable to be flooded or damaged by the construction and operation and enlargement of the dams and works incident or necessary thereto, or dam aged or taken in the construction. op- eration or use of all canals. tail-races. or exit ways necessary, useful or con- venient for the escape, conveyance or return of the water used in the oper- alton of the works or power plant; provided .that such corporation shall have no right to condemn a private residence, nor the outhouse, garden nor orchard within the cutllage of a prf- vate residence. for rights of way for It's transmission line or lines, and pro- yided, such corporation shall have no right to condemn lands or water rights In use or held for such use by another corporation having similar powers, ex- cept where such lands or water rights have been acquired subsequently, to those already held by the condemning party upon the same river or stream. and where the lands or rights acquired by such other corporation prior to the holdings of the condemning party in themselves and taken alone cannot be made the reasonable basis Of q water power development. or where and to the extent that such water rights can- not be utilized beyond the average natural flow of the stream as deter mined by the records of previous years except by virtue of the works or con struction of the eondemning party. and provided, such corporation shall have no right to condemn water rights or water in actual and prior use by any cotton mill or factory or other tndus- try using water power. Provided. the restriction does not apply to waters tn actual use or capable of being used by the said cotton manufactory. or other industry using water power, for the use of its plants already estabItsh- ed as the same may be available to it by the actual flow of the stream or by its facilities for increasing the same: but such corporation may by conaem- nation acquire the right to Hood Erist mills and industries in conjunction herewith together with lands and wa ter rights appeartaining thereto, out must pay to the owner thereof before such flooding such reasonable and just compensation as may be awarded in the manner provided by law for the condemnation Of lands and rights of way for public use in Article one CD of Chapter 42 of the Code of 1896.
 Sec. g. That said Act be amended by adding thereto after Section 8, the following: Section s1-2. That any dam erected in accordance with the provisions of this statute shall be cong sidered dam authorized by the Leg islature of this State at the particular site selected and of the specific height and dimensions determined upon.
 Section {. That said Act be amend ed by adding thereto after Section the following: Section 91-2 Be 1t fur- ther enacted, That any corporation man. ufacturing. selling and supplying pow CT, heat. light or electricity produced by water as a motive force under the provisions of this statute must sell such power heat. light or electricity to any person or persons, municipal or other corporation. fin the order in which requests or demands are made for such light, heat. power, or electricity. Nothing herein, however, shall be con- strued to require any such corporation to furnish light. heat, power or elec- tricity to any person or persons, cor- poration or corporations, until satis- fled of his or it's financial responsibil- ity, or until adequate security has been given for the performance of any con- tract to be entered Into.
 Approved March 12, 1907.
 Official:
 Frank N. Julian,