Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-03-01

Section l.. Whenever the owner or
owners OF any franchise that has re-
ceived the approval of the State Water
Storage Commission as provided i'll this
act, find that, for the purpose Of Great
ing. acquiring, maintaining and operating
their dam or dams or other works il is
owner or owners are hereby authorized
to take and use any lands. riparian or
other rights that may be required for
the creation construction and mainte-
nance of any and all Reservoirs dams
and other structures and improvements
that NAV be necessary 10 accomplish
the purposes of their charter and when
ever said owner or owners Of said fran
chiSe cannot agree with the owner or
owners of such required land, or other
property for the purpose thereof and for
the compensation TO be paid therefor, the
said owner or owners of said franchise
may apply to the State Water Storage
Commission for right of eminent domain
for the particular purpose stated and
after the approval of the ma iority of the
members of the state Water Storage
Commission has been given and a corli-
ticate has been issued stating that said
commission does approve the right of
eminent domain for tn" particular pur-
poses stated, then. and not until then,
chise may proceed to exercise the right
of eminent domain for the particular
purposes stated in accordance with the
provisions of law applicable thereto.
owners of any franchise that has received
the approval of the State Water Stora ge
Commission as provided in this act find
that. for the purpos" of acquiring. main
tanning and operating their dam or dams
or other works it is necessary TO over
flow any public lot. lots or state lands,
said owner or owners may apply To the
state Water Storage Commission for
such rights OF taking or overflow. The
said commission shall appraise and fix
the damage To be caused by said taking
or overflow and the amount thereof shall
be paid into the state treasury by the
said owner or owners before the taking
or overflow, shall occur
section II. In case the owner or owners
of amy franchise that has received the
approval Of the state Water Storage
Commission as provided in this act shall
create, improve or increase storage on
any great pond or lake or any reservoir
created for the storage of water said
owner or owners shall be entitled to be
reimbursed by the treasurer Of the State
Of Maine on warrants drawn and APP
proved by the Governor by the advice
and consent of the Council for all rea SON.
able cost of operation and maintenance
and n net annual return of six per cent.
on the cash actually spent III croa ting,
improving or increasing said storage.
The apportionment of the said reasonable
cost shall he made by the state Water
lessee of any improved or operated water
power fails to pay his or their reasonable
share of all the reaSOnablr cost of opera
ton Of maintenance and IN" net annual
return Of six per cent. on tho cash actual
~ spent in improving, creating or incrcas-
ing storage from which they are bcne
flied. within 80 days after the same is
due or payable the State shah have n
preference lien therefor prior TO uther
claims or liens except for taxes upon all
the property of said owner ar lessee and
upon notice of the State Water Storage
Commission the attorney general shall
proceed TO foreclose the lien and colicct
any unpaid fees in III" same manner a.
other liens on property arc foreclosed.
section -. Any party, feeling himself
aggreved by any act done or by any find
ings or rulings made by the State Water
Storage Commission subject 10 the grant
ing and acceptance of the franchise aa
provided in this act shall have III" right
To appeal to the suprem" judicial court
in the county in which its dam is located.
or AZ It's option in kennehec county,