Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1913-08-29
No. 454, 81 Tpub,ishec August 5, 1911

Section = This act shall take effect upon passage
/ 'Apprezed August 2 1918.
NO. 454, 81 IPuo'ished August ;. 1918
/ CHAPTER 755. LAWS OF 1915
AN ACr To repeal section 1596a and sections 1596l
TO l596-76. inclusive. being part CT chapter 652.
laws q 1911. and to create sections l596-5O 70
l59s79. inclusive Of the statutes relating to the
Improvement. of the navigation of navigdbe waters;
= tue eenstrucuen. maintenance and operation Oh
cams and other works necessary therefor: to the IN
sDectien Of all dams and works and fee therefor;
TO a survey OF the nayigabe waters Of the state;
e the creation Of special corporations for the i'm
I proYcment OF navigation and the development Of
hydraulic power and hydro-elecric energy for SALE
! and making appropriation
The people Of the Wisconsin. represented in
Senate and Assembly do enact as follows:
Section l. Section l59ea and sections 1896 TO
l596-16, Inclusive. cf tbs statutes being part OF
CHAPTER 652. laws of 1911. are repealed
sectien 2 There are added 70 the statutes thirty
new sections to read: Section 1596--50 Terms used
! In this chapter defined as follows:
a. This chapter shan mean sections 1596-5O
1 to 1860 inclusive, OF the statutes
/ t2l Commission" shall mean The railroad COM
mission of Wisconsin any other officer body
hereafter authorized to exercise the perform
the duties now or hereafter conferred and imposed by
this chapter.
| 80 Navigabe waters" shall include all streams.
rivers lakes and connecting waters Oh the state Of
Wisconsin including boundary waters. meandered or
nonmeaneered. which are navigable in fact for any
purpose whatsoever.
/ IA Corporation unless otherwise specified shall
mean corporation formed under section 1866
and shall not include municipality. which latter
| in this state
| 90 Charter" shall mean the grant to become
such cooperation
fG) Franchise Shall mean grant Of legislative
authority under this chapter to construct. maintain
and operate dam in or navigablc waters for
the improvement Of navigation thereof and for the de-
velopment of hydraulic power and hydro electric en-
orgy for sale 70 the public, for the improvement
Of the navigation Of nasgable waters and for other
lawful purposes.
| "a Power site" shall mean lands located in or
along nayiaafle waters and which are or may be
are n M 10
used for the construction. maintenance and opera
tlon OF reservoirs. dams, or other structures works.
buildings or equipment convenient for
improving navigation, and located reasonably
to the efficient improvement Of navigation and
the complete utilization of the available fall Of
water consistent with economic construction develop
ment, and for hydraulic hydro electric power
chise under this chapter its heirs executors. admin
srators essees, receivers trustees, successors or
assigns.
| Section l5ee-51 l. The commission is author
lied to employ competent hydraulic engineer, With
necessary assistants. 20 make full and complete
photographic survey of the navigable waters of the
state records and plats OF which shall be kept on
file in the office Of the commissions 1t shall be the
duty Of Ike commission to make ali necessary inspec
tons of developed and undeyeloped river improvements
and water powers within the state which may be
necessary to out the provisions Of this chapter
g. In connection with the work authorized In this
chapter, the commission is hereby empowered to Sc
the assistance and cooperation of the state and
national geological survey. when practicable
| s. The commission is authorized and required TO
make complete investigation Of all existing dams
and all franchises and permits under which the same
are being operated or maintained and report TO the
legislature with such recommendations as may be In
the public interest.
Section 1596-52 All power sites In the state.
whether developed or undeveloped, shall be sur
vcyed and reported In any particulars when and
as may be directed by the commission The commits
sion Is granted authority power and jurisdiction to
determine upon notice and public hearing the metes
and bounds Of such power sites No dam shall here
after be located constructed at place other
than that which the commission shall determine to
be suitable power site within the meaning Of sub
division (7) of section 1860. at any place
where It's maintenance would interfere with any
other dam he etofore herein authorized for river
improvement purposes.
Section l59e--53. l. The Improvement Of the
navigation OF all na1gable waters Of this state, and
the construction maintenance or operation OF dams
other structures now or hereafter constructed
therein for any purpose whatsoever shall be under
the supervision Of the commission. Such commits
sion any member thereof any person appointed
by it for such purpose shall at all times have free
access to any and all parts OF any dam or other
structure Of the premises structures and works
maintained in connection herewith
2. The commission. In the Interest Of navigation.
other public rights and of the public welfare and
level and flow OF water in all navtgable waters In
this state, and order and require monuments or
bench marks to be erected. or erect monuments
or bench marks. upon which shall be designated the
msScmum and minimum level Of water that may be
maintained In any naygable waters OF this state by
any dam whether constructed or maintained under
this chapter. or otherwise, and may order any I'M
lawful entertainments to be removed.
s. The commission shall establish and maintain
gauging stations upon the navlgable waters
Of the state and shall take such other steps as may
be necessary for the purpose OF determining the
characteristics Of such waters, and maintaining records
Of the
section 15oe-54 l. The commission shall have
power authority and Jurisdiction to Investigate
| certain, and determine all reasonable methods Of
construction. equipment maintenance, and operation
Of any dam and improvement so as to conserve and
protect all public rights in such waters promote the
improvement Of navigation and protect hfe health
and property. No dam shall be constructed until
the plans and specifications therefor have boon
proved by the commission. and the commission shall
at any time. in the interest Of public safety or pub
lie rights order and require anything reasonably
necessary therefor No franchise granted under this
chapter shall limit the authority Of the commission
to protect and conserve all public rights The COM
mission shall have power TO adopt and enforce all
necessary and reasonable rules and regulations and
prescribe all forms for the conduct OF its business
and SECURING information with reference to plans
and francses for other under this chap
ter and shall have all the powers granted to it
and section 1707ts. OF the statutes. in 80 far as
applicable and such other powers as may hereafter
by said sections not inconsistent with this chapter
In 80 necessary to give effect to and secure
conformity with this chapter.
O. The owner Of any dam heretofore or hereafter
constructed shall keep and maintain the same and
all piers boons. weirs tunnels. races fumes suices
pits. fshweys locks. boat hoists. marine railways
and other structures and works necessary for the
improvement Of navigation and for the proper main
tcnance Of any dam structure In good repair and
condition. and shall not wilfuly or otherwise injure
or destroy the or any part thereof or remove
the same or any part thereof unless such removal be
first approved in writing by the commission.
g. Except when emergency shall require the same
for the protection OF life, health, property, no sub
stanal ate ations additions shall be made to any
dam without obtaining order therefor from the
commssio Such order shall lie issued by The COM
mission after Investigation and finding that the
proposed alterations additions will not impair the
efficiency or sufficiency Of such dam.
Section 1866 Upon receipt Of information in
writing from the mayor of any city supervisors Of
town. or the president Of village. that any dam
maintained in across navgabe waters OF TINS state
Or any reservoir Is in an unsafe condition. from
| o4xyf, hat
his control IS endangered by such dam or resef-
reir the commission may the same to be ex-
amined or the commission upon its own motion.
examine or cause TO be examined any dam or struc-
t1lre maintained In such waters any reservoir
and It shall find that the same Is not sufficiently
strong to resist the pressure of water It, or il
it shall find that any such dam reservoir is in any
manner unsafe and dangerous TO life property. 1t
sh&u determine what aera lon, addition or repairs
are necessary to made in order to make the same
safe and on notice and hearing order the owner
or person having control of such dam or reservoir
to cause such additions, alterations. or repairs to be
made within a time 10 be limited in such order;
and the commission may. In Of emergency without
nefice cause to be drawn eff In whole or In part.
the water in said reservoir or impounded by said
dam when It shall determine that such action Is ne
cessay to proven. impending damage TO persons or
property.
section 1866 All dams In or across nayigable
waters Of this state shall be constructed, equipped.
maintained and operated to conserve and pro-
feet the nayixability of navgable waers and other
I ,st,1it iol,ta in. such waters and not