Sec. 113. Reservoir operation improvement

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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 Environment and Public Works of the Senate and the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives a report describing, with respect to any State under a gubernatorial drought declaration during water year 2015, the following: 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 or seasonal 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manual and hydrometeorological information establishing the flood control rule curves of the project are considered out of date as a result of not being updated for a period of 20 years.

A non-Federal sponsor of a Corps of Engineers project, or owner of a non-Federal project, as applicable, has submitted to the Secretary a written request to revise water operations manuals, including flood control rule curves, based on the use of improved weather forecasting or run-off forecasting methods, new watershed data, changes to project operations, or structural improvements. Not later than 1 year after the date of identification of projects under subsection (b), if any, the Secretary of the Army shall carry out not more than 15 pilot projects, including not less than 6 non-Federal projects (within the meaning of subsection (a)(1)), if any are identified under subsection (b), 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, in the case of non-Federal projects, structural 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. Before carrying out an activity under this section, if a project identified under subsection

(b)is— a non-Federal project, the Secretary of the Army 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 describing the scope and goals of the activity and the coordination among the parties; or owned and operated by the Corps of Engineers, the Secretary of the Army 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 the entity describing the scope and goals of the activity and the coordination among the parties. In designing and implementing a forecast-informed reservoir operations plan, the Secretary of the Army shall work closely with the National Oceanic and Atmospheric Administration and may consider— the relationship between ocean and atmospheric conditions, including the El Niño and La Niña 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. In this subsection, the term operational document means— a water control plan; a water control manual; a water control diagram; a release schedule; a rule curve; an operational agreement with a non-Federal entity; and any environmental documentation associated with a document described in any of subparagraphs

(A)through (F). The Secretary of the Army may accept and expend amounts from non-Federal entities to fund all or a portion of the cost of carrying out a review or revision of operational documents for any reservoir that is either operated or maintained by the Secretary, or for which the Secretary is authorized to prescribe regulations or otherwise advise or consult concerning the use of storage allocated for flood risk management or navigation. In accordance with all applicable laws, a revision of a manual shall not interfere with— the authorized purposes of a Corps of Engineers project; or the existing purposes of a non-Federal project that is regulated for flood control by the Secretary of the Army. 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. 113

Reservoir operation improvement

Stat.58 Stat. 890

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