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

lat this section shall apply to dams eonstruceeu
in across nonmeandered streams prior % guy 40
1911.
q ANY dam maintained. operated, Or used IN 10
laton OF the provisions Of this section 10 hereps ue
clared to be public nuisance. and such use may
lie cnjcined or It's maintenance abated az the sun "
the state and the attorney general Is au5norlzeu 70
institute proper proceedings therefor upon request OF
the commission and any citizen Of the state may. IN
his own behalf institute such proceedings Inc ply
visions Of this subsection shall NOT howsles, apts
to any dam constructed under francmse srs s
under this chapter during the continuance OF the iran
chise or after the termination thereof -
Section 1596-60. !. Franchises under TINS ehap
fer AUTHORIZING the construction maintenance ana
operation of dam or other structure on any power
Site on which rs determined by the commission. may
be developed at ordinary stage Of water more tnan
two hundred and fifty horse power OF nyu1aunv "
hydro electric power may be granted only 20 corpora
lions organized under this chapter, or 70 mumcl-
paltes and for the purpose OF improving the nayiga
lion of naHgab'e waters and Of developing hydfaunc
or hydro-electric power for sale 70 inc puunc Will
described territory to he approved by the commits
sicn
2 Franchises under this chapter authorizing the
construction, maintenance, and operation OF cams VI
other structures on any power site which. as de-
termined by the commission. there can not De de-
welcomed at ordinary stage of water. more than Two
hundred and Atty horse power Of hydraulic or hydro
electric power, be granted TO any person nrm'
or corporation organized under the laws OF TINS STATE
or 10 any municipality and for the purpose OF Hnprov
ing the navigation of nayigable waters, or Ior such
purpose together with any other lawful purpose
Section 1596-6l. Every franchise granted pursuant
to the provisions OF this chapter shall be accepted
taken and held subject to the terms, conditions ana
provisions Of this chapter applicable thereto anu y.
such franchise and shall be accepted, taken. and
held in consideration Of the powers, privileges and
prcregatves conferred by this chapter and by sucn
franchise
Section l59s--62 l. Any number Of persons. not
less than three residents Of this state desiring 70
secure franchise under this chapter authorizing the
construction, maintenance. ard operation OF dam
or other structures as SGT forth In subsection OF
sectacn 1596-G0, and for the purpose therein mem
toned shall propose to She commission TO form 4
corporation pursuant TO sals chaptcr. and snan me
with the commission verified application whlcn snaAi
set forth the following:
scrpion Of the power site sought to be improved and
satisfactory evidence that the proposed corporation WI
acquire unconditional and complete title In zee 70 the
entire power Site to be held subject TO the PROVISIONS
(a1 The extent to which the navigation Of such
waters will be improved and the nature SCOPE
and the manner Of making tho proposed Improvement
so The names, as far as ascertainaDie o. al
riparian owners who VIII be anected py the propoSeu
"a A general description OF the dam proposed 70
be constructed Of the material to be used therein pr
all booms, piers and other protection works 70 90
constructed in connection there with and particular
description OF the site upon which the dam Is pro-
posed to he located.
IS The name Of the nearest city or village above
and below the site of the proposed dam
(6) The location of the nearest existing dam above
and below the site of the proposed dam and the
extent. II any to which the same Will be aHected
by the proposed improvement.
"a map of the power site on scale OF hot
less than inches to the mile showing the lands
that may be affected by the construction. maintenance
and ION OF the proposed uAHl OI " uo"nSV
that may be caused thereby, and approximately the
outline Of such howage
(S) The approximate amount Of hydraulic and
hydro electric power that Is proposed TO be deVeopea
and generated and description OF the territory
within which such power is proposed to be sold
CO.. Such additional information as the commission
q In addition to the foregoing such application
shall be accompanied by the following proposals:
"a To install and maintain a complete system OF
accounting as prescribed from time to time by the
commission. and to authorize and empower the COM
mission to audit all revenues and to approve PRIOR
to the expenditure thereof all OUTLAWS for property
except that acquired under section l596-7l. and al
outlays for the construction OF the dam. buildings
and other structures aud works constructed main
tanned, and operated and used and useful under
the franchise applied for.
(2) To fully develop the available water power a.
the dam site. and to install auxiliary power upon
finding Of convenience and necessity therefor by the
commission; that every contract entered into by the
grantee with any person. firm corporation. private
public for the sale delivery Of power developed
by any dam authorized under this chapter and gen
Grated In connection with such dam shall expire not
mere than thirty years from the date upon which the
franchise Of such grantee became effective and in
force the state have the right at the expiration
of any such contract and upon findings by the COM
mission showing necessity therefor to require the
sale and delivery OF any power transmitted outsloe
the alto or at distances within the state remote
from the power Site as determined by the commission
be sold and delivered within the state at points
reasonably near the dam Site that the commission.
at the expiration Of any such contract. and upon ;
finding Of public convenience and necessity shall have
the power to order and require such OF as
is inconsistent herewith to be discontinued or 70
authorize an extension OF any contract for an add
tonaI period or periods not exceeding ten years
(3) That no contracts fer the sale or delivery Of
power shall become effective until approved by the
commission
as That the commission SHALL before the franchise
is granted. value the power site exclusive Of any
rights to water power the OF water power or It's
availability in connection with the use OF water powe
whether such power site is owned BY the applicant or
10 That at any time after the expiration Of thirty
years after the franchise becomes effective In
he the state municipality
as provided In subsection OF section lb96--66 10
extended. then at any time after the expiration o.
right 10 impose and collect charge or fee In add1-
the inspection fee provided for in this chapter
rer horse power Of hydraulic developed and the
proceeds to be expended in the improvement OF the
charge or fee shall be imposed and collected only If
the state shall then have the constitutional power
and shall In or appropriate STATE money Tor the
Improvement of the navigation Of naNgable waters.
t6) That the state OF wisconsin, If it shall have
the constitutional power municipality. on not
less han years notice, at any time after the ex-
praton Of thirty years after the franchise becomes
effective. may acquire all OF the property OF the cor
pcraon used and useful under the franchise by pay
ing therefor provided in section 1865 and that
the applicant valves all rights to compensation other
than as provided In said section.
"a That at any time within thirty years after
the date upon which the franchise becomes effective
the OF Wisconsin, If 1t shall have the consttu-
tional mower. municipality. on not less than
one years notice may acquire all the properties then
owned ly the corporation and then used and usefui
under the franchise hy paying therefor as provided
In section 1866, and that the applicant valves all
right compensation other than as provided in said
section
section 1866 The grantee the holders Of stocks
and bonds to be Issued by such grantee and ali
creditors and others In Interest shall be bound By
the proposals consent and undertakings OF the appli
caiits as set forth in the application
Section 1J96--64. l. Upon receipt OF an app1ca-
ton Shder section 1596-62, the commission shall
set a time for public hearing thereon at the city
of Madison at some other place which In the iudg-
the commission is convenient, when