Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-08-22

I Improvement Company to construct. ac-
quire, maintain and operate system
of water reservoirs located on the Wolf
river and its tributaries north Of town
the purpose Of producing a uniform
flow of water In the Wolf and lower
Fox rivers, and thereby improving the
navigation and other uses of said
property both public and private
The people Of the State of Wisconsin,
/ represented in Senate and Assembly
| do enact as follows:
Section 1. l. Subject to the supervision
and control hereinafter provided for, au-
| thority is hereby given unto the Wolf River
improvement Company, in order to pro-
mote the purposes hereinafter set forth,
| to create, construct, acquire, maintain,
and operate system of water reservoirs
! located in or along the Wolf River at
| points north of township thirty-two and
! in or along any or all of the tributaries
| OF the Wolf river that discharge into said
river at any point north of township
| thirty-two and for that purpose said
| grantee may construct, acquire, main
tain, and operate all such dams, booms.
| sluiceWayS, locks, and other structures
In, along, or across any and all OF SAID
portion of said river and it's said trib-
utar1eS as may be necessary or reasonably
| convenient TO accomplish the purposes or
! this grant, and may clean out stralghten,
deepen, or otherwise improve said river
! and tributaries in order to improve the
| to property bordering on said waters.
2. All franchises and all riparian rights
and rights Of howage, either perfect or
inchoate, howsoever acquired, by any
person Or any corporation organized to
improve the navigation for any purpose OF
said Wolf river or any of its tributaries,
shall be and hereby are made assignable
to the Wolf River Improvement Com
pany, and shall be of the same force and
effect in the possession and ownership of
such assignee to accomplish the purposes
of this act, as the same may have been
before assignment to accomplish their
| original purpose.
Section 2. l. The said authority is
granted for the purpose of producing as
nearly uniform flow Of water as practi-
cable in the Wolf and lower Fox rivers
through all seasons, by holding back and
storing up in said reservoirs the surplus
water in times of great supply, and dis
charging the same in times Of drought
and scarcity of water, and thereby, and
by other means, improving the navigation
Of said Wolf and lower Fox rivers
throughout their entire length, for boats.
barges, and other water craft, and for the
running, driving, rafting, booming. stor-
ing, sorting and delivering Of logs, tim
Der, and lumber, and other forest prod
ucts, and for the purpose Of improving the
usefulness of said streams, and for all
public purposes, and of diminishing the
| damage and injury by floods and fresh
cts to property, both public and private,
located along said waters.
e. 1t shall be the duty Of said Wolf
River improvement Company to so man
age, operate, and maintain all of its said
reservoirs and other works that the pur-
poses aforesaid shall be accomplished to
the greatest practical extent and so that
as nearly a uniform flow Of water as prao-
ticable shall be maintained at all times
and at all points on said Wolf and lower
Fox rivers; and during the times when it
may be found inmpract1cable to main
tain at the same time such uniform flow
of water throughout the entire length Of
said rivers the upper portions of said
rivers shall be given preference
Section 8. For the purpose Of creating,
acquiring, maintaining and operating the
dams and other works. authorized as
aforesaid, and subject to the supervision
and control hereinafter provided for, the
Wolf River Improvement Company is
hereby authorized to take and use any
lands, riparian or other right, that may
be required for the creation, construction,
! and maintenance Of any and all reser-
voirs, dams, and other structures and i'm
proyements that may be necessary to &C
complish the purposes Of this act. and
whenever 1t cannot agree with the own
| er Or owners of any such required lands,
| or other property, for the purchase there
of and the compensation to be paid there
for, said Wolf River Improvement Com
pany may acquire title to any such lands
and other property above specified, or the
right to use the same for said purposes,
by the exercise of the power Of eminent
domain under and in pursuance Of Sec
lions 1777a, 1777b, 1777c, and 1777d of the
statutes; but the said company shall have
no right to take or enter into possession
Or overflow any Of the property con-
demned until it shall have first paid. In
the manner provided by section 1777o Of
the statutes, the damages awarded. And
! in case the possession or use of any such
property shall be obtained by said Wolf
River Improvement Company before ac-
quiring the title thereto or the right to
the use thereof by purchase or condem-
q or n hn a
! property shall have the same right to in
stitute proceedings for condemnation
thereof and entertainment of damages to
be paid, as is granted by the aforesaid
statutes relating to- the exercise of en-
inent domain In case any lands of the
state of Wisconsin be required to be
taken or overlooked for any Of the pur-
poses Of this act the railroad commission
of Wisconsin shall appraise and fix the
damages to be caused by such taking or
overflow, and the amount thereof shall
be paid into the state treasury by said
Wolf River Improvement Company be-
fore the taking overflow shall occur.
Section a. /. In case said Wolf River
| Improvement Company shall improve the
Wolf river or any tributary of the Wolf
river, or shall acquire the improvements
or the control of the improvements of any
river improvement company already OPP
Grating on any such stream and shall so
! keep III repair and operate the works as
to render the driving of logs and other
reasonably practicable and certain, it
may charge and collect reasonable and
uniform, tolls upon all such logs, timber,
and other floatabes driven or f1oated on
said stream, and shall have all Of the
rights and remedies granted to river i'm
provement companies by section 1777 Of
the statutes including the right of lien
therein provided for, and shall be charged
with all of the duties and obligations i'm
posed upon such river improvement COM
panies under like circumstances.
2. When said Wolf River Improvement
Company shall have created or acquired
! and maintained in successful operation
water reservoirs in accordance with this
act of capacity sufficient to store up in
times Of abundance and retain and dis
charge in times of scarcity two billion
cubic feet of water that would not be so
stored up and retained by nature, it shall,
subject to the supervision and control
| hereinafter provided for. be entitled to
| charge, collect, and receive reasonable
| and uniform tolls from the owner or own
ers, or lessee or lessees of each and ev-
cry improved and operated water power
! located upon said rivers below said reser-
| voir system, the actual use and operation
of which is benefited thereby, but not ex-
ceeding in the aggregate of all its rev.
enues sufficient to pay all reasonable