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43 U.S.C. § 390d — Dams and reservoirs wherein costs thereof, or rights thereto, have been acquired by local interests
Federal law — U.S. Code and appendices · legal_authorities
Sections 390c to 390f of this title are applicable to all dams and reservoirs heretofore or hereafter constructed by the United States Government (acting through the Corps of Engineers of the United States Army) wherein either a part of the construction cost thereof shall have been contributed or may be contributed by States or local interests (hereinafter called “local interests”) or local interests have acquired or may acquire rights to utilize certain storage space thereof by making payments during the period of such use as specified in the agreement with the Government and wherein the amount of money paid, exclusive of interest, is equivalent to the cost of providing that part of such dam and reservoir which is allocated to such use, whether such share of cost shall have been determined by the “incremental cost” method or by the “separable costs-remaining benefits” method or by any other method. Included among the dams and reservoirs affected by sections 390c to 390f of this title are those constructed by the Corps of Engineers of the Department of the Army, but nothing in sections 390c to 390f of this title shall be construed to affect or modify [section 390 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-43/section-390d-dams-and-reservoirs-wherein-costs-thereof-or-rights-thereto-have-been-ac--d580b01160.md
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Source location: Title 43, Chapter 12, § 390d; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md
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Sections 390c to 390f of this title are applicable to all dams and reservoirs heretofore or hereafter constructed by the United States Government (acting through the Corps of Engineers of the United States Army) wherein either a part of the construction cost thereof shall have been contributed or may be contributed by States or local interests (hereinafter called “local interests”) or local interests have acquired or may acquire rights to utilize certain storage space thereof by making payments during the period of such use as specified in the agreement with the Government and wherein the amount of money paid, exclusive of interest, is equivalent to the cost of providing that part of such dam and reservoir which is allocated to such use, whether such share of cost shall have been determined by the “incremental cost” method or by the “separable costs-remaining benefits” method or by any other method. Included among the dams and reservoirs affected by sections 390c to 390f of this title are those constructed by the Corps of Engineers of the Department of the Army, but nothing in sections 390c to 390f of this title shall be construed to affect or modify [section 390 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
On and after December 22, 1944, whenever the Secretary of the Army determines, upon recommendation by the Secretary of the Interior that any dam and reservoir project operated under the direction of the Secretary of the Army may be utilized for irrigation purposes, the Secretary of the Interior is authorized to construct, operate, and maintain, under the provisions of the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), such additional works in connection therewith as he may deem necessary for irrigation purposes. Such irrigation works may be undertaken only after a report and findings thereon have been made by the Secretary of the Interior as provided in said Federal reclamation laws and after subsequent specific authorization of the Congress by an authorization Act; and, within the limits of the water users’ repayment ability such report may be predicated on the allocation to irrigation of an appropriate portion of the cost of structures and facilities used for irrigation and other purposes. Dams and reservoirs operated under the direction of the Secretary of the Army may be utilized after December 22, 1944, for irrigation purposes only in conformity with the provisions of this section, but the foregoing requirement shall not prejudice lawful uses now existing: Provided, That this section shall not apply to any dam or reservoir heretofore constructed in whole or in part by the Army engineers, which provides conservation storage of water for irrigation purposes. In the case of any reservoir project constructed and operated by the Corps of Engineers, the Secretary of the Army is authorized to allocate water which was allocated in the project purpose for municipal and industrial water supply and which is
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390
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Federal law — U.S. Code and appendices · legal_authorities
Page 99
TITLE 43—PUBLIC LANDS
§ 390e
in accordance with subsection (a) for such a
Federal reservoir project.
(B) Federal reservoir projects described
A Federal reservoir project referred to in
subparagraph (A) is a reservoir for which the
Secretary is authorized to prescribe regula-
tions for the use of storage allocated for
flood control or navigation pursuant to sec-
tion 709 of title 33.
(j) Assistance
On request by a non-Federal interest, the Sec-
retary may provide technical assistance in the
development or implementation of a proposal
under subsection (a), including assistance in ob-
taining necessary permits for construction, if
the non-Federal interest contracts with the Sec-
retary to pay all costs of providing the technical
assistance.
(k) Exclusion
This section shall not apply to reservoirs in—
(1) the Upper Missouri River;
(2)
the
Apalachicola-Chattahoochee-Flint
river system;
(3) the Alabama-Coosa-Tallapoosa river sys-
tem; and
(4) the Stones River.
(l) Effect of section
Nothing in this section affects or modifies any
authority of the Secretary to review or modify
reservoirs.
(Pub. L. 114–322, title I, § 1118, Dec. 16, 2016, 130
Stat. 1640; Pub. L. 116–260, div. AA, title I, § 162,
Dec. 27, 2020, 134 Stat. 2667; Pub. L. 118–272, div.
A, title I, § 1165, Jan. 4, 2025, 138 Stat. 3049.)
Editorial Notes
AMENDMENTS
2025—Subsec. (i)(2). Pub. L. 118–272 added par. (2) and
struck out former par. (2). Prior to amendment, text
read as follows: ‘‘The Secretary is authorized to receive
and expend funds from a non-Federal interest to formu-
late, review, or revise operational documents, pursuant
to a proposal submitted in accordance subsection (a),
for any reservoir for which the Secretary is authorized
to prescribe regulations for t
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 390d
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.