bridges for the passage of vessels and other water crafts, and such rules and regulations, when so made and published, shall have the force of law. Every such person who shall willfully fail or refuse to open, or cause to be opened, the draw of any such bridge for the passage of a boat or boats, or who shall unreasonably delay the opening of said draw after reasonable signal shall have been given, as provided in such regulations, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than two thousand dollars nor less than one thousand dollars, or by imprisonment (in the case of a natural person) for not exceeding one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That the proper action to enforce the provisions of this section may be commenced before any commissioner, judge, or court of the United States, and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States: Provided further, That whenever, in the opinion of the Secretary of War, the public interests require it, he may make rules and regulations to govern the opening of drawbridges for the passage of vessels and other water crafts, and such rules and regulations, when so made. and published, shall have the force of law, and any violation thereof shall be punished as hereinbefore provided. (28 Stat. 362.) This section was part of the rivers and harbors appropriation act of 1894, cited above. Provisions for the enforcement of the regulations for drawbridges authorized by this section, in the manner prescribed by Act March 3, 1899, c. 425, § 17, ante, § 9922, were made by Act June 13, 1902, c. 1079, § 6, ante, § 9862. General provisions regulating the construction of bridges over navigable waters were made by the Bridge Act of March 23, 1906, c. 1130, ante, §§ 99619968. § 9974. (Act March 3, 1905, c. 1482, § 6.) Expenses of investigations, etc., by Engineer Department; funds from which to be paid. Expenses incurred by the Engineer Department in all investigations, inspections, hearings, reports, service of notice, or other action incidental to examination of plans or sites of bridges or other structures built or proposed to be built in or over navigable waters, or to examinations into alleged violations of laws for the protection and preservation of navigable waters, or to the establishment or marking of harbor lines, shall be payable from any funds which may be available for the improvement, maintenance, operation, or care of the waterways or harbors affected, or if such funds are not available in sums judged by the Chief of Engineers to be adequate, then from any funds available for examinations, surveys, and contingencies of rivers and harbors. (33 Stat. 1148.) This section was part of the river and harbor appropriation act of 1895, cited above. Provisions for the protection and preservation of navigable waters and the establishment of harbor lines were made by several acts and parts of acts set forth ante, in chapter C of this title, "Preservation and Protection of Rivers and Harbors and of Improvements." § 9975. (Act Aug. 11, 1888, c. 860, § 2.) Deflection of currents by piers, etc.; complaints; investigations; liability. Whenever complaint shall be made to the Secretary of War that by reason of the placing in any navigable waters of the United States of any bridge pier or abutment, the current of such waters has been so deflected from its natural course as to cause by producing caving of banks or otherwise serious damage or danger to property, it shall be his duty to make inquiry, and if it shall be ascertained that the complaint is well founded, he shall cause the owners or persons operating such bridge to repair such damage or prevent such danger to property by such means as he shall indicate and within such time as he may name, and in default thereof the owners or persons operating such bridge shall be liable in any court of competent jurisdiction to the persons injured in a sum double the amount of said injury: Provided, however, That nothing herein contained shall be construed so as to affect any rights of action which may exist at the time of the passage of this act. (25 Stat. 423.) This section was part of river and harbor appropriation act of 1888, cited above. Sec. CHAPTER F. Dams and Water Power This chapter includes provisions regulating the construction, maintenance, and operation of dams across or in navigable waters, and the use, leasing, etc., of water-power created thereby; principally the General Dam Act of June 21, 1906, c. 3508, and amendatory and additional provisions, with previous provisions relating to the subject which may remain in force. 9976. Dams across navigable waters not 9977. Right reserved to construct and lights and other signals; fish- 9979. Forfeiture of rights under act on Sec. etc., prescribed; revocation of 9981. Limit of time for commencement as § 9976. (Act June 21, 1906, c. 3508, § 1, as amended, Act June 23, 1910, c. 360.) Dams across navigable waters not to be built until plans, etc., approved; plans not to be deviated from unless modification approved; conditions, including construction and operation of locks, etc., title to land therefor, and free use of water power; consideration of effect on plan for improvement of waterway; charges for privilege granted, for benefits from storage reservoirs, etc. When authority has been or may hereafter be granted by Congress, either directly or indirectly or by any official or officials of the United States, to any persons, to construct and maintain a dam for water power or other purpose across or in any of the navigable waters of the United States, such dam shall not be built or commenced until the plans and specifications for such dam and all accessory works, together with such drawings of the proposed construction and such map of the proposed location as may be required for a full understanding of the subject, have been submitted to the Secretary of War and the Chief of Engineers for their approval, nor until they shall have approved such plans and specifications and the location of such dam and accessory works; and when the plans and specifications for any dam to be constructed under the provisions of this Act have been approved by the Chief of Engineers and by the Secretary of War it shall not be lawful to deviate from such plans or specifications either before or after completion of the structure unless the modification of such plans or specifications has previously been submitted to and received the approval of the Chief of Engineers and of the Secretary of War: Provided, That in approving the plans, specifications, and location for any dam, such conditions and stipulations may be imposed as the Chief of Engineers and the Secretary of War may deem necessary to protect the present and future interests of the United States, which may include the condition that the persons constructing or maintaining such dam shall construct, maintain, and operate, without expense to the United States, in connection with any dam and accessory or appurtenant works, a lock or locks, booms, sluices, or any other structure or structures which the Secretary of War and the Chief of Engineers or Congress at any time may deem necessary in the interests of navigation, in accordance with such plans as they may approve, and also that whenever Congress shall authorize the construction of a lock or other structures for navigation purposes in connection with such dam, the persons owning such dam shall convey to the United States, free of cost, title to such land as may be required for such constructions and approaches, and shall grant to the United States free water power or power generated from water power for building and operating such constructions: Provided further, That in acting upon said plans as aforesaid the Chief of Engineers and the Secretary of War shall consider the bearing of said structure upon a comprehensive plan for the improvement of the waterway over which it is to be constructed with a view to the promotion of its navigable quality and for the full development of water power; and, as a part of the conditions and stipulations imposed by them, shall provide for improving and developing navigation, and fix such charge or charges for the privilege granted as may be sufficient to restore conditions with respect to navigability as existing at the time such privilege be granted or reimburse the United States for doing the same, and for such additional or further expense as may be incurred by the United States with reference to such project, including the cost of any investigations necessary for approval of plans and of such supervision of construction as may be necessary in the interests of the United States: Provided further, That the Chief of Engineers and the Secretary of War are hereby authorized and directed to fix and collect just and proper charge or charges for the privilege granted to all dams authorized and constructed under the provisions of this Act which shall receive any direct benefit from the construction, operation, and maintenance by the United States of storage reservoirs at the headwaters of any navigable streams, or from the acquisition, holding, and maintenance of any forested watershed, or lands located by the United States at the headwaters of any navigable stream, wherever such shall be, for the development, improvement, or preservation of navigation in such streams in which such dams may be constructed. (34 Stat. 386. 36 Stat. 593.) This section and the seven sections next following were the Dam Act of "When, hereafter, authority is granted by Congress to any persons to construct and maintain a dam for water power or other purposes across any of the navigable waters of the United States, such dams shall not be built or commenced until the plans and specifications for its construction, together with such drawings of the proposed construction and such map of the proposed location as may be required for a full understanding of the subject, have been submitted to the Secretary of War and Chief of Engineers for their approval, or until they shall have approved such plans and specifications and the location of such dam and accessory works; and when the plans for any dam to be constructed under the provisions of this Act have been approved by the Chief of Engineers and by the Secretary of War it shall not be lawful to deviate from such plans either before or after completion of the structure unless the modification of such plans has previously been submitted to and received the approval of the Chief of Engineers and of the Secretary of War: Provided, That in approving said plans and location such conditions and stipulations may be imposed as the Chief of Engineers and the Secretary of War may deem necessary to protect the present and future interests of the United States, which may include the condition that such persons shall construct, maintain, and operate, without expense to the United States, in connection with said dam and appurtenant works, a lock or locks, booms, sluices, or any other structures which the Secretary of War and the Chief of Engineers at any time may deem necessary in the interest of navigation, in accordance with such plans as they may approve, and also that whenever Congress shall authorize the construction of a lock, or other structures for navigation purposes, in connection with such dam, the person owning such dam shall convey to the Unit ed States, free of cost, title to such land as may be required for such constructions and approaches, and shall grant to the United States a free use of water power for building and operating such constructions." It was amended by Act June 23, 1910, c. 360, last cited above, to read as set forth here. Authority to construct dams across the Iowa River was granted by R. S. § 5248, and Act Aug. 18, 1894, c. 299, § 1, ante, §§ 9840, 9841. Provisions prohibiting the construction of any bridge, dam, dike or causeway over navigable waters without the consent of Congress were made by Act March 3, 1899, c. 425, § 9, ante, § 9971. Provisions for the condemnation of land for the construction of dams were made by Act May 16, 1906, § 2465, amended by Act June 29, 1906, c. 3628, ante, § 9881. Provisions for surveys for construction of dams were made by Act Jan. 25, 1910, c. 382, § 3, ante, § 9867. § 9977. (Act June 21, 1906, c. 3508, § 2, as amended, Act June 23, 1910, c. 360.) Right reserved to construct and operate, in connection with dams built under act, locks, etc., for navigation. The right is hereby reserved to the United States to construct, maintain, and operate, in connection with any dam built in accordance with the provisions of this Act, a suitable lock or locks, booms, sluices, or any other structures for navigation purposes, and at all times to control the said dam and the level of the pool caused by said dam to such an extent as may be necessary to provide proper facilities for navigation. (34 Stat. 386. 36 Stat. 594.) This section, as originally enacted, was as follows: "The right is hereby reserved to the United States to construct, maintain and operate, in connection with any dam built under the provisions of this Act, a suitable lock or locks, or any other structures for navigation purposes, and at all times to control the said dam and the level of the pool caused by said dam to such an extent as may be necessary to provide proper facilities for navigation." It was amended by Act June 23, 1910, c. 360, last cited above, to read as set forth here. See notes to preceding section. § 9978. (Act June 21, 1906, c. 3508, § 3, as amended, Act June 23, 1910, c. 360.) Damages from flowage, etc.; lights and other signals; fishways; failure to maintain same, a misdemeanor; punishment. The persons constructing, maintaining, or operating any dam or appurtenant or accessory works, in accordance with the provisions of this Act, shall be liable for any damage that may be inflicted thereby upon private property, either by overflow or otherwise. The persons owning or operating any such dam, or accessory works, subject to the provisions of this Act, shall maintain, at their |