Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1907-08-08

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Valley Improvement company, in order to
promote the purposes hereinafter set forth,
to create, construct, acquire MAINTAIN ana
operate a system of water reservoirs located
in or along the Wisconsin river at points
north of township forty (40) north, of
range ten (10l east, and in or along any
or all of the direct or indirect tributaries
of the Wisconsin river that discharge into
said river at any point north of the south
line of township thirty-four (34) north,
in this state, excepting that part OF the
Eagle river and lakes lying between the
point where Eagle river enters Gran
berry lake, in section thirty-one (31), town
ship forty (40) north, of range eleven t1l)
east, and the Wisconsin river, and for
that purpose said grantee may construct,
acquire and maintain all such dams, booms,
sideways, locks and other structures In,
along or across any and all of said tribu-
tarieS not above excepted, and the said
portion of the Wisconsin river, may be
necessary or reasonably convenient to &C,
complish the purposes or TINS grant, ana
may clean out, straighten, deepen or other
wise Improve any of said tributaries, IN
order to improve the navigation thereof
and of said Wisconsin river and prevent
injury to property bordering on said waters.
All franchises, other than corporate fran
chises, and all riparian rights and rights
of fOWage, either perfected or lnchoate
acquired by purchase OF grant, by any
person or by any corporation organized to
improve the navigation for any purpose, of
rivers or any of lneir tributaries, not above
excepted, shall be and hereby are made
asSignable to the Wisconsin valley improve
ment company, and shall be of the same
force and effect in the possession and own
ership Of such assignee TO accomplish the
purposes of this act as the same may be
before assignment to accomplish thelr
original purpose. But this act shall not
amend or repeal chapter 532 of the laws
of 1887, nor chapter 252 of the laws or
! 1889, nor chapter 4S5 of the laws OF 1900,
nor chapter rs Of the laws of 1903 nor
any amendment ,nereof, nor abridge the
rights, powers or duties conferred by said
acts, nor authorize the taking by the Wis
consin Valley Improvement company, by
the power Of eminent domain, of any prop
erty used under pursuant to said acts,
nor any other property devoted to pubic
| uses except that the dam authorized by
and now maintained under said chapter 632
of the laws of 1887 may be raised, or
new dam or dams which are hereby author
ized may be constructed and maintained,
in and across the Eagle river between Long
and Cranberry lakes at any convenient
point or points in townships thirty-ntne
1897 and forty (40) north, of range eleven
az east, so as to raise and hold the
water in Long lake aforesaid six inches,
and no more, higher than the high water
mark to which the water has been Gus
tomarily raised and held by means Of said
present dam provided, however, that be-
tween May list and the succeeding Novem-
Der 1st of each year the waters shall not
be drawn down IN Long lake more than
eighteen (1S) inches below said present
! high water mark established by SAID
dam constructed and maintained, and
pfOYIU6u 1uElueE IlIdL bcAC W iSSOhcAh fdA-
ley Improvement company shall prior to
June LIST, 1909, by such lam or DAMS and
by locks, marine slides or other safe and
convenient means, make and thereafter
maintain the Eagle river between said Long
and Cranberry lakes navigable for the safe
and convenient passage of boats of all
kinds and sizes up to and including boats
fifty feet in length and of twelve foot beam
and drawing five feet Of water. Said Wis
cOnsin Valley Improvement company shall
have the right to charge and collect reason
O. nd 1InfTnYs TOLLS
coats through and over said works pro-
portioned to the size of the boat, not, how
ever, exceeding in the aggregate the actual
cost Of the care, maintenance and operation
of said locks, marine slides or other means
of passage.
Section g The said authority is granted
for the purpose of producing as nearly
uniform flow of water as practicable In the
Wisconsin and Tomahawk rivers through
all seasons by holding back and storing up
In said reservoirs the surplus water In
times of great supply, and discharging the
same in times of drought and a scarcity
Of water. and thereby, and by other means,
improving the navigation Of said Wisconsin
and Tomahawk rivers throughout their en-
tire length for boats, barges and other
water craft, and for the running, driving,
rafting, booming, storing, sorting and de-
lIvering of logs, timber and lumber, and
other forest products and for the purpose
Of improving the usefulness Of said streams
for all other public purposes, and of dimtn-
ishing the damage and Injury by floods and
freshets to property, both public and pri-
yete, located along said waters. It. shall
be the duty Of said Wisconsin Valley I'M
provement company to 50 manage, operate
and maintain ali Of its said reservoirs and
other works that the purposes aforesaid
shall be accomplished to the greatest Prac-
ticable extent and SO that as nearly q
uniform flow Of water as practicable shall
be maintained at all times and at all points
on the said Wisconsin and Tomahawk
rivers, and during the times when 1t may
be found impracticable to maintain at the
same time such uniform flow in the Wis
consin river, both below the north line. OF
Lincoln county and above the same line,
the portions Of said streams above said
line shall be given the preference.
Section 8. For the purpose Of creating,
dams ana other works, authorized as afore-
eaid, and subject to the supervision and
control hereinafter provided for, the Wis
cousin Valley Improvement company, ex-
cepting as herein otherwise excepted or
provided, is hereby authorized to take and
use any lands, riparian or other rights
struction and maintenance Of any and all
| reservoirs, dams and other structures and
| improvements that may be necessary to &C
cornplish the purposes of this act and
or owners Of any such required lands, or
! other property, for the purchase thereof
and for the compensation to be paid there
| for, the said Wisconsin Valley Improve
| ment company may acquire title to any
! such lands and other property above speci-
/ fed, or the right to use same for said pur-
/ poses, by the exercise Of the power of emf
| nent domain under and in pursuance OF
| sections 1777a, 1777b, little and 177Id OF
! the Wisconsin statutes of 1898 and the
| laws amendatory thereof and supplemental
| thereto, but the said company shall have
| no right to take or enter into possession
| until it shall have first paid in the manner
! provided by section 1777c, the damages
| awarded.
! And in case the possession or use Of any
| such property shall be obtained by said
| Wisconsin Valley Improvement company,
| before acquiring the title thereto or the
| right to use thereof by purchase or con-
! demnation, the owner or owners OF ths
! to institute proceedings for condemnation
! thereof and ascertainment of damages to
be paid, as is granted by the aforesaid
| statutes relating to the exercise of emil
| nent domain. In case any lands OF the
| state of Wisconsin be required to be taken
or overlooked for any Of the purposes Of
| this act the railroad commission Of Wis
| consin shall appraise and fix the damage to
| be caused by such taking or overflow, and
the amount thereof shall be paid into the
J state treasury by the Wisconsin Valley I'm
| provement company before the taking or
| overflow shall occur.
Section l. In case said Wisconsin Val
| ley Improvement company shall improve
| any navigable tributary Of the Wisconsin
! river not herein excepted or shall acquire
! the improvements or the control OF the i'm
| provements of any river Improvement com
| pany already operating on any such stream
! and shall so keep Il repair and operate the
| works as to render the driving OF logs and
! other foatables to the mouth OF such tribu-
tary reasonably practicable and certain, 1t
may charge and collect reasonable and uni
! form tolls upon all such logs, timber and
stream, and shall have all OF the rights
| and remedies granted to river improvement
| companies by section 1777 Of the Wiscon-
sin statutes and oil amendments thereof,
including the right of lien therein pro-
| vided for, and shall be charged with all
the duties and obligations imposed upon
I nvatn ,6nn