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33 U.S.C. § 709 — Regulations for use of storage waters; application to Tennessee Valley Authority
Federal law — U.S. Code and appendices · legal_authorities
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.
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Stable record: federal_law:legal_authorities:record_usc_c433fe7690e220031ef4acb8
Source file: Laws/federal/codes/united-states-code/title-33/section-709-regulations-for-use-of-storage-waters-application-to-tennessee-valley-au--f1f97574bd.md
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Source location: Title 33, Chapter 15, § 709; chapter-015-flood-control.md
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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.
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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
The Secretary shall ensure that, in developing or revising reservoir operating manuals of the Corps of Engineers, the Corps shall provide significant opportunities for public participation, including opportunities for public hearings. The Secretary shall issue regulations to implement this section, including a requirement that all appropriate informational materials relating to proposed management decisions of the Corps be made available to the public sufficiently in advance of public hearings. Not later than January 1, 1992, the Secretary shall transmit to Congress a report on measures taken pursuant to this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2321a
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Army is authorized to receive from States and political subdivisions thereof and other non-Federal interests, such funds as may be contributed by them for work, which includes planning and design, to be expended in connection with funds appropriated by the United States for any authorized water resources development study or project, including a project for navigation on the inland waterways, whenever such work and expenditure may be considered by the Secretary of the Army, on recommendation of the Chief of Engineers, as advantageous in the public interest, and the plans for any reservoir project may, in the discretion of the Secretary of the Army, on recommendation of the Chief of Engineers, be modified to provide additional storage capacity for domestic water supply or other conservation storage, on condition that the cost of such increased storage capacity is contributed by local agencies and that the local agencies agree to utilize such additional storage capacity in a manner consistent with Federal uses and purposes: Provided, That the Secretary is authorized to receive and expend funds from a State or a political subdivision thereof, and other non-Federal interests or private entities, to operate a hurricane barrier project to support recreational activities at or in the vicinity of the project, at no cost to the Federal Government, if the Secretary determines that operation for such purpose is not inconsistent with the operation and maintenance of the project for the authorized purposes of the project: Provided further, That the Secretary is authorized to receive and expend funds from an owner of a non-Federal reservoir to formulate, review, or revise operational documents for any non-Federal reservoir for which the Secretary is authorized to
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701h
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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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Federal law — U.S. Code and appendices · legal_authorities
Page 228
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 709
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.
REPEALS
Act May 23, 1952, § 1(b), repealed paragraph (59) of sec-
tion 1 of act Oct. 31, 1951, ch. 654, 65 Stat. 703, which had
previously repealed this section.
SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT
Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.
CONVERSION OF SURPLUS WATER AGREEMENTS
Pub. L. 114–322, title I, § 1174, Dec. 16, 2016, 130 Stat.
1673, provided that: ‘‘For the purposes of section 6 of
the Act of December 22, 1944 (58 Stat. 890, chapter 665;
33 U.S.C. 708), in any case in which a water supply
agreement with a duration of 30 years or longer was
predicated on water that was surplus to a purpose and
provided for the complete payment of the actual in-
vestment costs of storage to be used, and that purpose
is no longer authorized as of the date of enactment of
this section [Dec. 16, 2016], the Secretary [of the Army]
shall provide to the non-Federal entity an opportunity
to convert the agreement to a permanent storage
agreement in accordance with section 301 of the Water
Supply Act of 1958 (43 U.S.C. 390b), with the same pay-
ment terms incorporated in the agreement.’’
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of certain personal property and func-
tions relating thereto, insofar as they pertain to Air
Force, from Secretary of the Army and Department of
the Army to Secretary of the Air Force and Depart
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 709
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