[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR207.310]

[Page 57-58]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 207--NAVIGATION REGULATIONS--Table of Contents
 
Sec. 207.310  Mississippi River at Keokuk, Iowa; operation of power dam by Mississippi River Power Co.

    (a) All previous regulations of the Secretary of War relating to the 
use of

[[Page 58]]

the Mississippi River for the generation of power by the Mississippi 
River Power Co., including the memorandum of March 24, 1908, approved by 
the Secretary of War, March 26, 1908, are rescinded, and the following 
regulations will govern the operation of the dam until further orders:
    (b) Excepting as specially provided in this section the normal flow 
of the river shall be discharged below the dam at all times of day and 
night.
    (c) The Mississippi River Power Co. shall not during the period of 
navigation raise the level of its pond behind the Keokuk Dam when the 
natural flow of the Mississippi River is falling or when such natural 
flow is less than approximately 64,000 cubic feet per second, which 
corresponds to a normal stage of 6 feet above low water at Keokuk, Iowa, 
except upon the written permission of the U.S. District Engineer in 
charge of this locality, such permit to state the period which such 
ponding may cover and the maximum variation in stage below the dam which 
may be caused by each ponding.
    (d) The granting of permits by the District Engineer shall be 
governed by the provision of the law authorizing the construction of the 
dam and its accessories, as follows:

    Sec. 2. That the withdrawal of water from the Mississippi River and 
the discharge of water into the said river, for the purpose of operating 
the said power stations and appurtenant works, shall be under the 
direction and control of the Secretary of War, and shall at no time be 
such as to impede or interfere with the safe and convenient navigation 
of the said river by means of steamboats or other vessels or by rafts or 
barges. * * * (33 Stat. 713)

    (e) The power company when proposing to raise or lower the pond, 
either under general authority or special permission, shall give due 
notice to the District Engineer or his authorized agent of its 
intention.
    (f) The power company shall hold all records relating to operations 
affecting the river discharge open to the inspection of the District 
Engineer or his authorized agent.
    (g) It shall be the duty of the district engineer or his authorized 
agent to observe closely and carefully the operations of the power 
company and to maintain in addition to such as may be maintained by the 
power company, such river and pool gages as may be advisable, and make 
from time to time such examinations as may be necessary for determining 
the effect of the operation of the power dam and accessories on the 
river channels.
    (h) The Department of the Army approves the method of regulating the 
flow below the Keokuk Dam by estimating the flow 24 hours in advance and 
maintenance of the stage corresponding to such flow as indicated by the 
river gage at U.S. Lock (the method employed during 1917). The general 
rules stated in paragraph (g) of this section are not intended to apply 
to unavoidable small compensating variations in pond level behind the 
dam inherent in such method of regulation.

[Regs., Jan. 12, 1918]