Each applicant for a permit to construct, operate and maintain a dam for the purpose
of developing power or for the purpose of aiding in the development of power by other
dams through the creation of reservoirs or otherwise, and each applicant for a permit
to construct, operate and maintain a dam for any other purpose whatsoever, which is
capable of developing 50 theoretical horsepower or more available for 50 percent of
the time throughout the year, shall file with an application for a permit, in addition
to the requirements of s. 31.05 or s. 31.07, as the case may be, the following proposals:
(1) That the department prior to the time the permit is granted shall value the dam
site and all flowage rights and other property necessary for the purposes set forth
in the application for the permit, whether the same or any part thereof are owned
by the applicant or not.
(2) That the department shall audit all outlays for property and for the construction
of the dam, buildings, and other structures and works constructed, maintained, and
operated and used and useful under the permit.
(3) That the permit, if granted, shall be granted and accepted subject to the express
condition that the state of Wisconsin, if it shall have the constitutional power,
or any municipality, on not less than one year's notice, at any time after the expiration
of 30 years after the permit becomes effective, may acquire all of the property of
the grantee, used and useful under the permit, by paying therefor, the cost of reproduction
in their then existing condition of all dams, works, buildings, or other structures
or equipment, used and useful under the permit, as determined by the department, and
by paying in addition thereto the value of the dam site and all flowage rights and
other property as determined by the department prior to the time the permit was granted,
as provided in sub. (1), plus the amounts paid out for additional flowage rights, if any, acquired after
the valuation made by the department as provided in sub. (1); and that the applicant waives all right to any further compensation.
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