[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR207.310]



[Page 67]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

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 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approved by the Secretary of War, March 26, 1908, are rescinded, and the 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]