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Code · BILL · 114th Congress · S. 1894 (Introduced in Senate) — To provide short-term water supplies to drought-stricken California. · Sec. 315

Sec. 315. Reservoir operation improvement

1,085 words·~5 min read·/bill/114/s/1894/is/section-315·

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Not later than 180 days after the date of enactment of this Act, the Secretary of the Army shall submit to the Committees on Appropriations and the Committee on Environment and Public Works of the Senate and the Committee on Appropriations and the Committee on Transportation and Infrastructure of the House of Representatives a report including the following information for any State under a gubernatorial drought declaration during water year 2015: A list of Corps of Engineer projects and non-Federal projects operated for flood control in accordance with rules prescribed by the Secretary of the Army pursuant to section 7 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 890, chapter 665).
The year during which the original water control manual was approved. The year during which any subsequent revisions to the water control plan and manual of the project are proposed to occur. A list of projects for which operational deviations for drought contingency have been requested, and the status of the request. The means by which water conservation and water quality improvements were addressed. A list of projects for which permanent changes to storage allocations have been requested, and the status of the request.
Not later than 60 days after the date of completion of the report under subsection (a), the Secretary of the Army shall identify any projects described in the report that meet the following criteria: The project is located in a State in which a drought emergency has been declared or was in effect during the 1-year period preceding the date of final review by the Secretary. The water control manual and hy­dro­me­te­o­rol­o­gi­cal information establishing the flood control rule curves of the project have not been revised during the 20-year period ending on the date of review by the Secretary.
Revision of water operations manuals, including flood control rule curves, based on the use of improved weather forecasting or run-off forecasting methods, new watershed data, or changes to project operations, for the project is likely to enhance the existing authorized project purposes including water supply storage capacity and reliability, flood control operations and environmental restoration. Not later than 60 days after the date of completion of the report under subsection (a), the Secretary of the Army shall identify any non-Corps of Engineers projects that meet— the criteria described in subsection (b); and the owner of the non-Federal project has submitted to the Secretary of the Army a formal request to review or revise the operations manual or flood control rule curves to accommodate new watershed data or projected project modifications or operational changes; and the modifications or operational changes proposed by the owner of the non-Federal project are likely to enhance water supply benefits and flood control operations.
Not later than 1 year after the date of identification of the projects under subsections
(b)and (c), if any, the Secretary of the Army shall carry out not more than 5 pilot projects, including at least 2 non-Federal projects (within the meaning of subsection (a)(1)) (if any are identified under subsection
(b)or (c)), to implement revisions of water operations manuals, including flood control rule curves, based on the best available science, which may include— forecast-informed operations; new watershed data; and if applicable, spillway improvements. In implementing the pilot projects pursuant to this subsection, the Secretary of the Army shall consult with all affected interests, including non-Federal entities responsible for operations and maintenance costs of a Corps of Engineers facility, affected water rights holders, individuals and entities with storage entitlements, and local agencies with flood control responsibilities downstream of a Corps of Engineers facility. If a project identified under subsection
(b)or
(c)is— a non-Federal project, the Secretary of the Army, prior to carrying out an activity under this section, shall— consult with the non-Federal project owner; and enter into a cooperative agreement, memorandum of understanding, or other agreement with the non-Federal project owner; and owned and operated by the Corps of Engineers, the Secretary of the Army, prior to carrying out an activity under this section, shall— consult with each non-Federal entity (including a municipal water district, irrigation district, joint powers authority, or other local governmental entity) that currently— manages (in whole or in part) a Corps of Engineers dam or reservoir; or is responsible for operations and maintenance costs; and enter into a cooperative agreement, memorandum of understanding, or other agreement with each such entity. In designing and implementing a forecast-informed reservoir operations plan, the Secretary of the Army may consider— the relationship between ocean and atmospheric conditions, including the El Nino and La Nina cycles, and the potential for above-normal, normal, and below-normal rainfall for the coming water year, including consideration of atmospheric river forecasts; the precipitation and runoff index specific to the basin and watershed of the relevant dam or reservoir, including incorporating knowledge of hydrological and meteorological conditions that influence the timing and quantity of runoff; improved hydrologic forecasting for precipitation, snowpack, and soil moisture conditions; an adjustment of operational flood control rule curves to optimize water supply storage and reliability, hydropower production, environmental benefits for flows and temperature, and other authorized project benefits, without a reduction in flood safety; and proactive management in response to changes in forecasts. On finalizing an agreement with a non-Federal project sponsor or non-Federal project owner pursuant to subsection (e), the Secretary of the Army may accept non-Federal funds for all or a portion of the cost of carrying out a review or revision of water control manuals and flood control rule curves. A revision of a manual shall not interfere with the authorized purposes of a project. Nothing in this Act authorizes the Secretary of the Army to carry out, at a Corps of Engineers or non-Federal dam or reservoir, any project or activity for a purpose not otherwise authorized as of the date of enactment of this Act. Nothing in this section affects or modifies any obligation of the Secretary of the Army under State law or authorizes the diversion or use of water in a manner that is inconsistent with State water rights law. This section shall not apply to any dam or reservoir owned by the Bureau of Reclamation. Not later than 180 days after the date of completion of a modification to an operations manual or flood control rule curve, the Secretary of the Army shall submit to Congress a report regarding the components of the forecast-based reservoir operations plan incorporated into the change.
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  • 58 Stat. 890
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Sec. 315
Reservoir operation improvement
Stat.58 Stat. 890
Cites 1Cited by 0 across 0 sources
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