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43 U.S.C. § 390b–2 — Leveraging Federal infrastructure for increased water supply

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 390b–2 — Leveraging Federal infrastructure for increased water supply

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390b–2

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Stable record: federal_law:legal_authorities:record_usc_68eb1ae8ca66ce04cb986612
Source file: Laws/federal/codes/united-states-code/title-43/section-390b2-leveraging-federal-infrastructure-for-increased-water-supply--9c3650df69.md
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Source location: Title 43, Chapter 12, § 390b–2; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md

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**(a) In general** At the request of a non-Federal interest, the Secretary may review proposals to increase the quantity of available supplies of water at a Federal water resources development project through— (1) modification of the project; (2) modification of how the project is managed; or (3) accessing water released from the project. **(b) Proposals included** A proposal under subsection (a) may include— (1) increasing the storage capacity of the project; (2) diversion of water released or withdrawn from the project— (A) to recharge groundwater; (B) to aquifer storage and recovery; or (C) to any other storage facility; (3) construction of facilities for delivery of water from pumping stations constructed by the Secretary; (4) construction of facilities to access water; and (5) a combination of the activities described in paragraphs (1) through (4). **(c) Exclusions** This section shall not apply to a proposal that— (1) reallocates existing water supply or hydropower storage; or (2) reduces water available for any authorized project purpose. **(d) Other Federal projects** In any case in which a proposal relates to a Federal project that is not operated by the Secretary, this section shall apply only to activities under the authority of the Secretary. **(e) Review process** (1) **Notice** — On receipt of a proposal submitted under subsection (a), the Secretary shall provide a copy of the proposal to each entity described in paragraph (2) and, if applicable, the Federal agency that operates the project, in the case of a project operated by an agency other than the Department of the Army. (2) **Public participation** — In reviewing proposals submitted under subsection (a), and prior to making any decisions regarding a proposal, the Secretary shall comply with all applicable public participation requirements under law, including consultation with— (A) affected States; (B) power marketing administrations, in the case of reservoirs with Federal hydropower projects; (C) entities responsible for operation and maintenance costs; (D) any entity that has a contractual right from the Federal Government or a State to withdraw water from, or use storage at, the project; (E) entities that the State determines hold rights under State law to the use of water from the project; and (F) units of local government with flood risk reduction responsibilities downstream of the project. **(f) Authorities** A proposal submitted to the Secretary under subsection (a) may be reviewed and approved, if applicable and appropriate, under— (1) the specific authorization for the water resources development project; (2) [section 549a of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section549a&num=0&edition=prelim); (3) [section 390b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390b&num=0&edition=prelim); and (4) [section 408 of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section408&num=0&edition=prelim). **(g) Limitations** The Secretary shall not approve a proposal submitted under subsection (a) that— (1) is not supported by the Federal agency that operates the project, if that agency is not the Department of the Army; (2) interferes with an authorized purpose of the project; (3) adversely impacts contractual rights to water or storage at the reservoir; (4) adversely impacts legal rights to water under State law, as determined by an affected State; (5) increases costs for any entity other than the entity that submitted the proposal; or (6) if a project is subject to [section 390b(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390b/e&num=0&edition=prelim), makes modifications to the project that do not meet the requirements of that section unless the modification is submitted to and authorized by Congress. **(h) Cost share** (1) **In general** — Except as provided in paragraph (2), 100 percent of the cost of developing, reviewing, and implementing a proposal submitted under subsection (a) shall be provided by an entity other than the Federal Government. (2) **Planning assistance to states** — In the case of a proposal from an entity authorized to receive assistance under [section 1962d–16 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962d–16&num=0&edition=prelim), the Secretary may use funds available under that section to pay 50 percent of the cost of a review of a proposal submitted under subsection (a). (3) **Operation and maintenance costs** (A) *In general* — Except as provided in subparagraphs (B) and (C), the operation and maintenance costs for the non-Federal sponsor of a proposal submitted under subsection (a) shall be 100 percent of the separable operation and maintenance costs associated with the costs of implementing the proposal. (B) *Certain water supply storage projects* — For a proposal submitted under subsection (a) for constructing additional water supply storage at a reservoir for use under a water supply storage agreement, in addition to the costs under subparagraph (A), the non-Federal costs shall include the proportional share of any joint-use costs for operation, maintenance, repair, replacement, or rehabilitation of the reservoir project determined in accordance with [section 390b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390b&num=0&edition=prelim). (C) *Voluntary contributions* — An entity other than an entity described in subparagraph (A) may voluntarily contribute to the costs of implementing a proposal submitted under subsection (a). **(i) Contributed funds** (1) **Contributed funds for corps projects** — The Secretary may may receive and expend funds contributed by a non-Federal interest for the review and approval of a proposal submitted under subsection (a). (2) **Contributed funds for other Federal reservoir projects** (A) *In general* — The Secretary is authorized to receive and expend funds from a non-Federal interest or a Federal agency that owns a Federal reservoir project described in subparagraph (B) to formulate, review, or revise operational documents pursuant to a proposal submitted 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 regulations for the use of storage allocated for flood control or navigation pursuant to [section 709 of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section709&num=0&edition=prelim). **(j) Assistance** On request by a non-Federal interest, the Secretary may provide technical assistance in the development or implementation of a proposal under subsection (a), including assistance in obtaining necessary permits for construction, if the non-Federal interest contracts with the Secretary 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 system; 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.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 390b — Development of water supplies for domestic, municipal, industrial, and other purposes

**(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

33 U.S.C. § 408 — Taking possession of, use of, or injury to harbor or river improvements

**(a) Prohibitions and permissions** It shall not be lawful for any person or persons to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, obstruct by fastening vessels thereto or otherwise, or in any manner whatever impair the usefulness of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by the United States, or any piece of plant, floating or otherwise, used in the construction of such work under the control of the United States, in whole or in part, for the preservation and improvement of any of its navigable waters or to prevent floods, or as boundary marks, tide gauges, surveying stations, buoys, or other established marks, nor remove for ballast or other purposes any stone or other material composing such works: Provided, That the Secretary of the Army may, on the recommendation of the Chief of Engineers, grant permission for the temporary occupation or use of any of the aforementioned public works when in his judgment such occupation or use will not be injurious to the public interest: Provided further, That the Secretary may, on the recommendation of the Chief of Engineers, grant permission for the alteration or permanent occupation or use of any of the aforementioned public works when in the judgment of the Secretary such occupation or use will not be injurious to the public interest and will not impair the usefulness of such work. **(b) Concurrent review** (1) **NEPA review** (A) *In general* — In any case in which an activity subject to this section requires a review under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.), review and approval of the

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 408

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2201 — Prior project authorization

In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1962d–16 — Potomac River water diversion structure

**(a) Consent of Congress for construction; written agreement providing schedule for allocation among parties for withdrawal of waters** (1) Subject to paragraph (2) of this subsection, the consent of Congress is granted under [section 401 of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section401&num=0&edition=prelim) to the Washington Suburban Sanitary Commission to construct a water diversion structure, with an elevation not to exceed one hundred and fifty-nine feet above sea level, from the north shore of the Potomac River at the Washington Suburban Sanitary Commission water filtration plant to the north shore of Watkins Island. (2) The structure authorized by paragraph (1) of this subsection, may not be constructed until the Secretary of the Army, acting through the Chief of Engineers, and the State of Maryland, the Commonwealth of Virginia, the Washington Suburban Sanitary Commission, and such other governmental authorities as the Secretary of the Army, the State of Maryland, and the Commonwealth of Virginia deem desirable signatories enter into a written agreement providing an enforceable schedule for allocation among the parties to such agreement for the withdrawal of the waters of that portion of the Potomac River located between Little Falls Dam and the farthest upstream limit of the pool of water behind the Chesapeake and Ohio Canal Company rubble dam at Seneca, Maryland, during periods of low flow of such portion of such river. **(b) Authorization of Secretary of the Army to enter written agreement; amendments or revisions** The Secretary of the Army, acting through the Chief of Engineers, is authorized to enter into the agreement referred to in subsection (a)(2) of this section and any amendment to or revision of such ag

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1962d–16

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 549a — Review of navigation, flood control, and water supply projects

The Secretary of the Army, acting through the Chief of Engineers, is authorized to review the operation of projects the construction of which has been completed and which were constructed by the Corps of Engineers in the interest of navigation, flood control, water supply, and related purposes, when found advisable due 11 So in original. Probably should be “due to”. the significantly changed physical or economic conditions, and to report thereon to Congress with recommendations on the advisability of modifying the structures or their operation, and for improving the quality of the environment in the overall public interest.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 549a

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 709 — Regulations for use of storage waters; application to Tennessee Valley Authority

On and after December 22, 1944, it shall be the duty of the Secretary of the Army to prescribe regulations for the use of storage allocated for flood control or navigation at all reservoirs constructed wholly or in part with Federal funds provided on the basis of such purposes, and the operation of any such project shall be in accordance with such regulations: Provided, That this section shall not apply to the Tennessee Valley Authority, except that in case of danger from floods on the Lower Ohio and Mississippi Rivers the Tennessee Valley Authority is directed to regulate the release of water from the Tennessee River into the Ohio River in accordance with such instructions as may be issued by the Department of the Army.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 709

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2211 — “Secretary” defined

For purposes of this Act, the term “Secretary” means the Secretary of the Army.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2211

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