Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1913-08-29

Section 2. This act shall take effect and be IN
force from and after its passage and publication
No. 72S. AL Published July "a, 1913.
CHAPTER SAC. LAWS OF 1873.
AN ACT. To authorize the Wof River Improvement
Company to construct acquire. main ain and operate
system of water reservoirs located the Wolf
river and Its tr utaries north Of township thirty
ing a uniform flow of water in the Wolf and lower
Fox rivers. and thereby improving he navigation
and other uses Of said streams and diminishing the
injury to property, both public and private
The people OF the State of Wisconsin represented In
Senate and Assembly. do enac. as fol ws:
Section l. /. Subject to the supervision and con-
troll hereinafter provided for authority is hereby given
unto the Wolf River Improvement Company. in order
o promote 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 along any all Of the tributaries Of the Wolf
river that discharge into said river any point north
Of township thirty two and for that purpose said
grantee may construct acquire maintain 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 Its said tributaries as may
necessary reasonably convenient to accomplish
the purposes Of this grant and may clean out.
straightcn deepen o herwise improve said river
and tributaries in order to improve the navigation
thereof and to prevent injury to property bordering on
said Waters.
Q All franchises and all riparian rights and rights
OF owage either perfect or inchoate howsoever ac-
quired by any person any corporation organized to
improve the navigation fer any purpose of said Wolf
river any of It's tributaries shall be and hereby
are made assignabe to the Wolf River Improvement
COMPANY 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 may
have been before assignment to accomplish their orig
inal purpose
section g. /. The said authority is granted for the
purpose OF producing nearly uniform flow Of water
as practicable 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 discharging the in times OF drought and a
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 craft and for the running, driving.
rafting. booming. storing, sorting and delivering Of
logs. timber and lumber. and other forest products.
and for the purpose OF improving the usefulness OF said
streams, and for all pubic purposes and Of diminish
ing the damage and injury by floods and freshets to
property both public and private, located along said
waters
b 1t shall be the duty Of said wolf River Improve
meft Company to so manage. operate. and maintain
all OF its said reservoirs and other works that the
purposes aforesaid shall be accomplished 20 the great
est practical extent and that as nearly uni orm
all times and at all points said Wolf and lower
Fox rivers; and during he times when 1t may be
found nprartcahls to maintain at the time such
uniform flow of water throughout the entire length
Of said rivers the portions Of said rivers shall
he given preference.
section g. For the purpose Of creating. acquiring
maintaining and operating the dams and other works.
authorized Aforesaid and subject to the super
vision and control hereinafter provided for the Wolf
River Improvement Company Is hereby authorized to
take and use any lands riparian other right. that
may he required for the creation construction and
maintenance of any and all reservoirs. dams. and
other structures and improvements that be neces
sary 10 accomplish the purposes of this act. and when
ever agree with the owners Of such
required lands other property. for the purchase
thereof and the compensation to be paid therefor,
said Won River Improvement Company may acquire
title to such lands and other property above speci
fed. or the right the for said purposes
by the exercise of the power Of eminent domain under
and in pursuance sections 1777a, 1777b I777c and
777d of the statutes but the said company shall have
M
any OF the property condemned until It shall have
first paid in hc manner provided In section 1177c Of
the statutes the damages awarded. And in case the
possession of any such property shall be OBJ
tanned by said Wolf River improvement Company be-
fore acquiring the title thereto or the right to the
thereof BY purchase or condemnation. the owner OF
owners of the property shall nave the same right to
institute proceedings for condemnation thereof and
ascertainnent Of damages TO be paid Is granted by
the aforesaid statutes relating TO the exercise or
eminent domain. In any lands OF the state OF
wisconsin be required to be taken OF overhowed Tor
any OF the purposes of this act the railroad COM
mission of Wisconsin shall apprase and TX the dam
ares "a he caused by such taking OF overflow and the
anuns thereof shall be paid into the state treasury
nv said Wolf River Improvement Company before the
taking overflow shall occur.
Section 4. l. In case said Wolf River Improve
ment Company shall improve the Wolf river or any
tributary Of the Wolf river, or shall acquire the
or the control Ct the improvements q
afy such stream and shall so keep In repair and
operate the works to render the driving OF logs
ana other foAtabes 70 the mouth of such streams
reasonably practicable and certain 1t charge and
collect reasonable and uni orm tolls tpen all such
logs timber. and her hoatables driven or h0ated
an said stream. and shall have all the rights and
remedies granted to river improvement companies by
setior 17T7 of the statutes including the right Of
iier therein provided for and shall be charged with
ali If the duties and obligations imposed upon such
river Improvement companies under like circumstances.
q When said Wolf River improvement C0mpa..v
shall have created or acquired and maintained IN
sI,rcrssf operation water reservoirs in accordance
With this act Of capacity suicient to store up in
times of abundance and retain and discharge in
times Of scarcity two billion cubic feet Of water that
,Yai not be 50 stored up and retained By nature, it
sha subject the supervision and control herein
efer provided fer be entitled 70 charge collect and
receive reasonable and uni or tolls from the owner
or owners or lessee or lPssees Of each and every
Innreye and operated water power located upon said
onfra4ion Of which is benefited thereby but not
rlnr In The aggregate OF all its revenues sufcient
n sav ali reasonable costs Of operation and mainten-
snre ana ne. annual return Of SIX per cent on the
cash carita, actually paid in on stock subscriptions
To the grantee.
4 said tolls shan be semiannualH nxed. ascer-
aimed and determined By the railroad commission Ct
wisconsin on Or about the first day Of July and the
frst day Of January Of each year for the six months
nptipd preceding each OF said daes Said tolls snail
- xed in proportion the benefits con erred by the
fvpir system upon the actual Use and operation
~ ssrh Of the improved ard operated water powers
asn,rsai II shall be the duty Ct the erantee to e-
NAV compcter hydraulic engineers TO be selected By
san rnslr.hd commission Of Wisconsin TO assist In
the tolls to be charged a. Aforesaid and
sl expense fhereaf shall Be treated part Of the
'ost II maintenance and operation Of said works