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

! across any meandered or nonmean-
dered stream navigable in fact or law
| In this state, from and after six montha
/ after the passage and publication or
| this chapter, without having authority
| OF law, or without having legislative
permission heretofore granted, or with
out obtaining franchise as herein
after provided, authorizing such MAIN
| tenance, operation and use; but this
section shall not apply to dams con-
structed In or across non meandered
streams prior to July ID. 1911.
| z. Any dam maintained, operated or
used in violation of the provisions of
| this section is hereby declared to be
| a public nuisance, and such use may
De enJo1ned. or its maintenance abated
| at the suit of the state, and the attor-
ney general is authorized to institute
proper proceedings therefor upon re-
quest OF the commission. and any citt-
zen of the state may, in his own be-
half, institute such proceedings. The
provisions of this subsection shall not,
| however, apply to any dam constructed
under franchise granted under this
| chapter during the continuance Of the
franchise or after the termination
| thereof.
Section 1860. /. Franchises I'M
der this chapter authorizing the con-
| struction, maintenance, and operation
| or dam or other structure on any
| power site on which, as determined by
| the commission. may be developed, at
| ordinary stage of water, more than
| two hundred and fifty horse power OF
! hydraulic or hpdro- electric power,
may be granted only to corporations
| organized under this chapter, or to
municipalities, and for the purpose of
! improving the navigation of navigable
waters and Of developing hydraulic or
| hydro electric power for sale to the
public within a described territory to
| be approved by the commission.
z. Franchises under this chapter
a n a
ance and operation of dams or other
! structures on any power site on which,
| as determined by the commission, there
can not be developed at ordinary stage
! of water. more than two hundred and
fifty horse power of hydraulic or hy
dro electric power, may be granted to
any person, firm or corporation organ
| lied under the laws of this state, or to
any municipality, and for the purpose
of improving the navigation of navi-
gable waters, or for such purpose to-
gether with any other lawful purpose.
Section 1696-61. Every franchise
granted pursuant to the provisions of
this chapter shall be accepted, taken.
and held subject to the terms, condi-
tions and provisions of this chapter
applicable thereto and of such fran
chise, and shall be SO accepted. taken,
and held in consideration of the pow
ers, privileges, and prerogatives con-
terred by this chapter and by sucn
Section 1865. L. Any number of
persons, not less than three. residents
OF this state, desiring to secure a
franchise under this chapter authoriz-
| ing the construction, maintenance and
operation of a dam or other structure
as set forth in subsection / of section
| 1596-60, and for the purpose therein
mentioned, shall propose to the COM
mission to form corporation pursu-
ant to this chapter, and shall file with
the commission verified application
which shall set forth the following!
CD The name Of the navigable
waters and q description of the power
site sought to be improved, and salts
factory evidence that the proposed
! corporation will acquire unconditional
and complete title in fee to the entire
power site, to be held subject to the
provisions of this chapter.
! CD The extent to which the navi-
| cation OF such waters will be improved
and the nature, scope. and the manner
of making the proposed Improvement
go The names, as far as ascertain
able, of all riparian owners, who will
| be affected by the proposed improve
ment.
ca A general description of the
dam proposed to be constructed. of the
material to be used therein, Of all
booms, piers, and other protection
works to be constructed in connection
Herewith, and a particular description
| Of the site upon which the dam is pro-
| posed to be located.
CD The name of the nearest city or
| village above anu below the site or the
| proposed dam.
60 The location Of the nearest ex-
| listing dam above and below the site
of the proposed dam, and the extent,
if any, to which the same will be af-
| fected by the proposed Improvement.
CD A map of the power site on a
scale of not less than four inches to
the mile showing the lands that may
be affected by the construction, main
| tenance and operation Of the proposed
dam or by any fiowage that may be
! caused thereby, and approximately the
outline Of such f1owage
90 The approximate amount of hy-
| draulic and hydro-electric power that
is proposed to be developed and gen.
Grated, and description of the terri
tory within which such power Is pro-
posed to be sold.
| go Such additional information al
| the commission may require.
| 2. In addition to the foregoing such
application shall be accompanied by
| the following proposals:
Cd TO install and maintain COM
plete system of accounting as pre-
scribed from time to time by the COM
mission, and to authorize and empower
the commission to audit all revenues
| and to approve, prior to the eXpendi-
ture thereof. all OUTLAWS for property,
| except that acquired under section
1596-71 and all OUTLAWS for the con-
structiOn of the dam, buildings, and
| other structures and works construct
ed, maintained, and operated and used
and useful under the franchise APP
piled for.
CD To fully duly develop the avail
| able water power at the dam site, and to
| install auxiliary power upon u finding
| of convenience and necessity therefor
by the commission; that every con-
tract entered into by the grantee with
any person, firm or corporation, pri-
vate or public, for the sale or delivery
| of power developed by any dam au-
thorized under this chapter and gem
Grated in connection with such
dam shall expire not more than
thirty years from the date upon
which the franchise of such gran
tee became effective and in force,
! tho state to have the right, at tho
expiration of any such contract and
upon findings by the commission show
| ing a necessity therefor to require the
sale and delivery of any power trans
mitted outside the state or at dis
! tances within the state remote from
| the power site, as determined by the
| commission, to be sold and delivered
within the state at points reasonably
near the dam site; that the commits
sion, at the expiration Of any such
contract, and upon a finding of public
convenience and necessity, shall have
the power to order and require such
use of power as is inconsistent herewith
| to be discontinued, or to authorize an
| of anv contract for an addi-