United States V. Willow River Power Co. - Factual Background

Factual Background

The Mississippi River, a navigable stream, is joined by the St. Croix River, another navigable stream, slightly above Red Wing, Minnesota. Farther up the St. Croix, the Willow River, a non-navigable stream, flowed into the St. Croix, but some years ago a dam was built blocking off the former mouth of the Willow. A channel was dug above that dam, connecting the Willow to the St. Croix, and the channel was also dammed. A mill was built to exploit the head of water created by the two dams. Subsequently, the Willow River Power Company acquired the land adjacent to these dams and it built a hydroelectric facility near them. The spillway or tailrace below the power’s company’s turbines exited into the St. Croix River. (See map.)

The United States then built the Red Wing Dam on the Mississippi River. The dam raised the water level of the Mississippi above Red Wing and also that of the St. Croix. The effect was to decrease the available head of water at the hydroelectric plant by three feet, decreasing the power output from the turbines and requiring the power company to purchase electric power from other sources. The economic loss to the power company was $25,000. The power company sued the United States for a taking and was awarded $25,000. The United States appealed to the Supreme Court.