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42 U.S.C. § 1962d–16 — Potomac River water diversion structure
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_76d40332e97117a1166622f2
Source file: Laws/federal/codes/united-states-code/title-42/section-1962d16-potomac-river-water-diversion-structure--016d23c1ab.md
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Passage SHA-256: 38f478e3bcc10b19a1c889b5ca4cae7f597e0a38d21ae2b856f9637f2fad8db5
Source location: Title 42, Chapter 19B, § 1962d–16; chapter-19b-water-resources-planning.md
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**(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 agreement.
**(c) Riparian rights or other authority of Maryland, Virginia, political subdivisions; authority of District of Columbia** Except as may be provided in the agreement referred to in subsection (a)(2) of this section, nothing in this section shall alter any riparian rights or other authority of the State of Maryland, or any political subdivision thereof, the Commonwealth of Virginia, or any political subdivision thereof, or the District of Columbia, or authority of the Corps of Engineers existing on October 22, 1976, relative to the appropriation of water from, or the use of, the Potomac River.
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Federal law — U.S. Code and appendices · legal_authorities
It shall not be lawful to construct or commence the construction of any bridge, causeway, dam, or dike over or in any port, roadstead, haven, harbor, canal, navigable river, or other navigable water of the United States until the consent of Congress to the building of such structures shall have been obtained and until the plans for (1) the bridge or causeway shall have been submitted to and approved by the Secretary of the department in which the Coast Guard is operating, or (2) the dam or dike shall have been submitted to and approved by the Chief of Engineers and Secretary of the Army. However, such structures may be built under authority of the legislature of a State across rivers and other waterways the navigable portions of which lie wholly within the limits of a single State, provided the location and plans thereof are submitted to and approved by the Secretary of the department in which the Coast Guard is operating or by the Chief of Engineers and Secretary of the Army before construction is commenced. When plans for any bridge or other structure have been approved by the Secretary of the department in which the Coast Guard is operating or by the Chief of Engineers and Secretary of the Army, it shall not be lawful to deviate from such plans either before or after completion of the structure unless modification of said plans has previously been submitted to and received the approval of the Secretary of the department in which the Coast Guard is operating or the Chief of Engineers and the Secretary of the Army. The approval required by this section of the location and plans or any modification of plans of any bridge or causeway does not apply to any bridge or causeway over waters that are not subject to the ebb and flow of the tide and that are not used and are not
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 401
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Federal law — U.S. Code and appendices · legal_authorities
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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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** It is the policy of the United States for the Corps of Engineers to strive to understand and accommodate and, in coordination with non-Federal interests, seek to address the water resources development needs of all communities in the United States.
**(b) Outreach and access**
(1) **In general** — The Secretary shall, at Federal expense, develop, support, and implement public awareness, education, and regular outreach and engagement efforts for potential non-Federal interests with respect to the water resources development authorities of the Secretary, with particular emphasis on—
(A) technical service programs, including the authorities under—
(i) [section 709a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section709a&num=0&edition=prelim);
(ii) [section 1962d–16 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962d–16&num=0&edition=prelim); and
(iii) [section 2269 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2269&num=0&edition=prelim);
(B) continuing authority programs, as such term is defined in [section 2282d(c)(1)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282d/c/1/D&num=0&edition=prelim); and
(C) ensuring that a potential non-Federal interest is aware of the roles, responsibilities, and financial commitments associated with a completed water resources development project prior to initiating a feasibility study (as defined in [section 2215(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2215/d&num=0&edition=prelim)), including operations, maintenance, repair, replacement, and rehabilitation responsibili
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2282
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Compilation and dissemination**
(1) **In general** — In recognition of the increasing use and development of the flood plains of the rivers of the United States and of the need for information on flood hazards to serve as a guide to such development, and as a basis for avoiding future flood hazards by regulation of use by States and political subdivisions thereof, and to assure that Federal departments and agencies may take proper cognizance of flood hazards, the Secretary of the Army, through the Chief of Engineers, is hereby authorized to compile and disseminate information on floods and flood damages, including identification of areas subject to inundation by floods of various magnitudes and frequencies, identification of areas subject to floods due to accumulated snags and other debris, and general criteria for guidance of Federal and non-Federal interests and agencies in the use of flood plain areas; and to provide advice to other Federal agencies and local interests for their use in planning to ameliorate the flood hazard, to avoid repetitive flooding impacts, to anticipate, prepare, and adapt to changing climatic conditions and extreme weather events, and to withstand, respond to, and recover rapidly from disruption due to the flood hazards.
(2) **Surveys and guides** — Surveys and guides will be made for States and political subdivisions thereof only upon the request of a State or a political subdivision thereof, and upon approval by the Chief of Engineers, and such information and advice provided them only upon such request and approval.
(3) **Identification of assistance**
(A) *In general* — To the maximum extent practicable, in providing assistance under this subsection, the Secretary shall identify and communicate to States and non-Federal intere
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 709a
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Federal law — U.S. Code and appendices · legal_authorities
**(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 sh
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390b–2
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