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33 U.S.C. § 708 — Sale of surplus waters for domestic and industrial uses; disposition of moneys
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Army is authorized to make contracts with States, municipalities, private concerns, or individuals, at such prices and on such terms as he may deem reasonable, for domestic and industrial uses for surplus water that may be available at any reservoir under the control of the Department of the Army: Provided, That no contracts for such water shall adversely affect then existing lawful uses of such water. All moneys received from such contracts shall be deposited in the Treasury of the United States as miscellaneous receipts.
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Source file: Laws/federal/codes/united-states-code/title-33/section-708-sale-of-surplus-waters-for-domestic-and-industrial-uses-disposition-of-m--3d4c17b4ce.md
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Source location: Title 33, Chapter 15, § 708; chapter-015-flood-control.md
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The Secretary of the Army is authorized to make contracts with States, municipalities, private concerns, or individuals, at such prices and on such terms as he may deem reasonable, for domestic and industrial uses for surplus water that may be available at any reservoir under the control of the Department of the Army: Provided, That no contracts for such water shall adversely affect then existing lawful uses of such water. All moneys received from such contracts shall be deposited in the Treasury of the United States as miscellaneous receipts.
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Federal law — U.S. Code and appendices · legal_authorities
Nothing in this subchapter or subchapter II shall be deemed to amend, modify, or repeal the Acts of July 26, 1866 (14 Stat. 251), July 9, 1870 (16 Stat. 217), March 3, 1877 (19 Stat. 377), June 17, 1902 (32 Stat. 388), and December 22, 1944 (58 Stat. 887), and Acts amendatory thereof or supplementary thereto.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1303
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Declaration of policy** It is declared to be the policy of the Congress to recognize the primary responsibilities of the States and local interests in developing water supplies for domestic, municipal, industrial, and other purposes and that the Federal Government should participate and cooperate with States and local interests in developing such water supplies in connection with the construction, maintenance, and operation of Federal navigation, flood control, irrigation, or multiple purpose projects.
**(b) Storage in reservoir projects; agreements for payment of cost of construction or modification of projects** In carrying out the policy set forth in this section, it is provided that storage may be included in any reservoir project surveyed, planned, constructed or to be planned, surveyed and/or constructed by the Corps of Engineers or the Bureau of Reclamation to impound water for present or anticipated future demand or need for municipal or industrial water, and the reasonable value thereof may be taken into account in estimating the economic value of the entire project: Provided, That the cost of any construction or modification authorized under the provisions of this section shall be determined on the basis that all authorized purposes served by the project shall share equitably in the benefits of multiple purpose construction, as determined by the Secretary of the Army or the Secretary of the Interior, as the case may be: Provided further, That before construction or modification of any project including water supply provisions for present demand is initiated, State or local interests shall agree to pay for the cost of such provisions in accordance with the provisions of this section: And provided further, That (1) for Corps of Engineers projects, not to
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Cooperation of non-Federal interest**
(1) **In general** — After December 31, 1970, the construction of any water resources project, or an acceptable separable element thereof, by the Secretary of the Army, acting through the Chief of Engineers, or by a non-Federal interest where such interest will be reimbursed for such construction under any provision of law, shall not be commenced until each non-Federal interest has entered into a written partnership agreement with the Secretary (or, where appropriate, the district engineer for the district in which the project will be carried out) under which each party agrees to carry out its responsibilities and requirements for implementation or construction of the project or the appropriate element of the project, as the case may be; except that no such agreement shall be required if the Secretary determines that the administrative costs associated with negotiating, executing, or administering the agreement would exceed the amount of the contribution required from the non-Federal interest and are less than $25,000.
(2) **Liquidated damages** — A partnership agreement described in paragraph (1) may include a provision for liquidated damages in the event of a failure of one or more parties to perform.
(3) **Obligation of future appropriations** — In any partnership agreement described in paragraph (1) and entered into by a State, or a body politic of the State which derives its powers from the State constitution, or a governmental entity created by the State legislature, the agreement may reflect that it does not obligate future appropriations for such performance and payment when obligating future appropriations would be inconsistent with constitutional or statutory limitations of the State or a political subdivision of
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1962d–5g
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Federal law — U.S. Code and appendices · legal_authorities
Page 227
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 708
poses, and the Secretary of the Army upon the
recommendation of the Chief of Engineers is au-
thorized to allot the Secretary of Commerce
funds for said expenditure.
(June 28, 1938, ch. 795, § 8, 52 Stat. 1226; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501; Sept. 3,
1954, ch. 1264, title II, § 207, 68 Stat. 1266.)
Editorial Notes
AMENDMENTS
1954—Act Sept. 3, 1954, struck out $375,000 limitation
on transfers to Weather Bureau for providing basic hy-
drologic and climatic information; inserted references
to ‘‘rivers and harbors, and related purposes’’ after
‘‘flood control,’’ in two places; and substituted ‘‘net-
work of recording and nonrecording precipitation sta-
tions, known as the Hydroclimatic Network’’ for ‘‘cur-
rent information service on precipitation, flood fore-
casts, and flood warnings’’.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Department of War designated Department of the
Army and title of Secretary of War changed to Sec-
retary of the Army by section 205(a) of act July 26, 1947,
ch. 343, title II, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en-
acted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued Department of the Army under ad-
ministrative supervision of Secretary of the Army.
Executive Documents
TRANSFER OF FUNCTIONS
Weather Bureau of Department of Commerce consoli-
dated with Coast and Geodetic Survey to form a new
agency in Department of Commerce to be known as En-
vironmental Science Services Administration and of-
fice of Chief of Weather Bureau abolished by Reorg.
Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 88
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 708
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