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

BILE waters of this state, and the con-
| struction, maintenance, or operation
or dams or other structures now or
hereafter constructed therein for any
purpose whatsoever, shall be under
| the supervision OF the commission
Such commission or any member there
OF, or any person appointed by 1t for
SUCH purpose, shall at all times have
free access to any and all parts of any
dam or other structure or Of the prem
lses, structures and works maintained
in connection Herewith.
3. The commission, in the interest
of naviga ton, other public rights, and
of the public welfare and safety, shall
have power to regulate and control
the level and flow of water in all
nayigable waters in this staae, and
may order and require monuments or
bench marks to be erected, or may
erect monuments or bench marks, upon
which shall be designated the maxi
mum and minimum level Of water that
may be maintained in any navigable
waters of this state by any dam
whether constructed or maintained
under this chapter. or otherwise. and
may order any unlawful encroach-
ments to be removed.
3. The commission shall establish
and maintain gauging stations upon
| the various navigable 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 same.
| Section 1864. 1. The commits
sion shall have power, authority, and
jurisdiction to investigate, ascertain,
and determine all reasonable methods
| OF construction, equipment, mainten-
| ance, and operation of any dam and
Improvement so as to conserve and
| protect all public rights in such wat
| ers, promote the Improvement Of nav
| igation, and protect life, health and
N.%xr 40, xI1Al1
ed until the plans and specifications
! therefor have been approved by the
| commission, and the commission shall,
at any time, in the interest of public
safety or public rights, order and re-
quire anything reasonably necessary
therefor. No franchise granted under
this chapter shall limit the authority
of the commission to protect and con-
serve all public rights. The commits
sion shall have power to adopt and en-
| force all necessary and reasonable
rules and regulations and prescribe all
forms for the conduct of its business
and for securing information with ref
erence to plans and franchises, or for
other purposes under this chapter, and
shall have all the powers granted to
it under sections 1797m-1 to 1797m-
100, inclusive. and section 1797t-3, Of
the statutes, in so far as applicable,
and such other powers as may here
after be conferred upon it; and all
parties shall be governed by said SEQ
ter, in SO far as necessary to give eff
! feet to and secure conformity with
this chapter.
2. The owner Of any dam hereto
keep and maintain the same and all
piers, booms. weirs. tunnels, races,
fumes, sluices, pits, fishways, locks.
boat hoists, marine railways, and other
structures and works necessary for
the Improvement Of navigation and
for the proper maintenance of any
| dam or structure in good repair and
condition, and shall not wilfully or
| otherwise injure or destroy the same,
or any part thereof, or remove the
| same, or any part thereof, unless such
| removal be first approved in writing
by the commission.
3. Except when emergency shall re-
quire the same for the protection Of
life, health, or property. no substan-
tial alterations or additions shall be
made to any dam without obtaining
an order therefor from the commission.
! Such order shall be issued by the COM
mission after an investigation and a
finding that the proposed alterations
or additions will not impair the eff
! cheney or sufficiency of such dam.
Section 1866. Upon, receipt Of
information in writing from the may
or of any city, supervisors of any
| town, or the president of any village.
! that any dam maintained in or across
navigable waters of this state or any
! reservoir is in an unsafe condition,
| or from any person that his property
| or any property under his control is
endangered by any such dam or reser
voir, the commission may cause the
| same to be examined, or the commits
| sion may, upon it's own motion, ex
| anime or cause to be examined any
| dam or structure maintained in such
waters, or any reservoir, and If 1t shall
| find that the same Is not sufficiently
strong to resist the pressure of water
upon it, or If it shall find that any
en- oh loy on ic in
ner unsafe and dangerous to life or
property, it shall determine what al
| teration. addition or repairs are neces-
sary to be made in order to make the
same safe, and on notice and hearing
may order the owner or person hav-
ing control of such dam or reservoir
! to cause such additions, alterations,
| or repairs to be made within a time
| to be limited in such order; and the
commission may, in case of emergency
| without notice, cause to be drawn off,
| in whole or In part, the water in said
reservoir or impounded by said dam
| when 1t shall determine that such
action is necessary to prevent impend-
ing damage to persons or property.
Section 1596-56. All dams in or
I across navigable waters of this state
shall be constructed, equipped, main
| tanned and operated SO as to conserve
| and protect the navigabiIity of navi-
| gable waters and other public rights
in such waters and so as not to en-
danger lifes health or property. Upon
a finding of necessity therefor. the
| commission shall order and require
any such dam to be equipped and pro-
vided as follows:
| Cd With slides and chutes for the
passage of logs and timber products
! CD II such waters are navigable
for purposes of commerce or for plea
sure boats and crafts, with a lock,
boat hoist, marine railway, or other
device of a size and construction suffi-
cient to accommodate such navigation.
90 With good and sufficient fish
way or 1shways.
"a With spillways or foodgates
capable of permitting the passage
! through or over the same of freshets
and floods during all seasons of the
| year.
go With booms. piers, or other
protection works ample to safeguard
from trash or other floating materials
(6) Subject to the approval of the
commission, as to location and con-
struction, there shall be erected and
maintained by the owner thereof two
! permanent bench marks at every such
dam marking the minimum and maxi
mum height or head Of water that may
be maintained in accordance with the
franchise authorizing the construction
and maintenance thereof.
Section 1596-57. For the purpose
| of defraying the expense Of inspecting