The Birmingham age-herald., 1911-06-23

for the operation of said locks, gates and
 valves, and for the lighting of the gov
 ernment stations and houses situated at
 said locks. And the said contract shall
 further provide for the payment by the
 company to the government of an annual
 rental for Its use of the water power at
 Dams and Locks Is and IT at the rate of
 s1 per annum per horsepower realized and
 developed from the normal flow of the
 river, for a period of 20 years, which rate
 shall be subject to readjustment by the
 Secretary of War at the end of that
 period and thereafter at the end of every
 10-year period; and payment for the pow
 CT created at each lock shall begin one
 year after the lock shall be finished and
 ready for transportation and power, and
 shall be made on the basis of a minimum
 of 1900 horsepower daily per annum at
 Lock Is and $500 horsepower daily per an-
 mum at Lock IT: And provided further,
 That the company shall have ingress and
 egress over government lands for the
 construction and operation of it's plants
 and works and the right to use govern
 ment lands at or near said locks for the
 erecting of power houses and appurten-
 ances in connection herewith. It shall be
 provided further in the contract that the
 company shall transfer to the government
 flowage rights over all lands that will be
 temporarily or permanently overflowed
 in connection with said Improvements of
 Lock and Dam +. It shall be further
 provided in said contract that the com
 pany, its successors and assigns snail
 pay to the government an additional rem
 tai or royalty of 50 cents per horsepower
 per annum for all power sold In addition
 to the 5000 horsepower above mentioned
 for additional power created at Locks
 16 and 17 by the companys storage and
 impounding dam, power stations, ana
 works. to be locateld at the head of San
 ders Shoals, on the Black Warrior riVer'
 and more particularly described as being
 In the center of section 23, township IA,
 range west, in the northeast corner Of
 Walker county Alabama, 56 3-10 miles
 above Lock IT; the government to have
 free access to the company's books and
 power and curve load sheets for the pur-
 pose of ascertaining and calculating the
 amount of additional power produced and
 sold by the company from It's storage reservoirs at said locks, 1t being under
 stood that, beginning with the year 1920, the minimum rental to be paid for to the
 government by the company shall be on the basis of 15,000 horsepower. And the
 contract shall further provide that the works herein contemplated, including the storage reservoirs, shall be commenced
 within enc year and completed within ten wears from date of approval hereof.
 "Sec. G. That in the exercise of the authority granted to the company herein or by said contract the company shall conform to such regulations as may be imposed by the Secretary of War for the proteo tion of navigation and of the prop erty and other interests of the United States The company shall at no time disturb the pool level made by the erec- tion of Dam IS, nor shall the pool level of Dam 1T be drawn down below 63 feet above the crest of Dam Is, but in order to create a storage surplus for water power purposes. the Secretary of War may, in his discretion, permit fiashboards l or removable crest not exceeding three | feet in height to be installed on Dam IT | by tho company, at its own expense; and d. no time shall the company make any | claim against the United States for failure | of water power from any cause whatso- ever. That the work and improvements | herein provided for shall be executed under the direction and with the approval | of the chief of engineers and the Secre- tary of War, the structures provided for being always subject to the provisions and reour ements of this act and to such stipulations as may be imposed by Con gress or by the Secretary of War for the proteo ton of navigation and property and other interests of the United States; and to insure the performance by the com panv of the acts and obligations imposed upon 1t by said contract, the Secretary of War may require the company to ex- eeute a bond in such an amount and with
 such surety as he may determine to be