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Code · BILL · 114th Congress · S. 2848 (Reported in Senate) — To provide for the conservation and development of water and related resources, to authorize the Secretary of the Arm... · Sec. 1032

Sec. 1032. Review of reservoir operations

491 words·~2 min read·/bill/114/s/2848/rs/section-1032

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The Secretary, in consultation with the heads of other Federal agencies, as appropriate, shall review the operation of a reservoir, including the water control manual and rule curves, using the best available science, including improved weather forecasts and run-off forecasting methods in any case in which the Secretary receives a request for such a review from a non-Federal entity. In conducting reviews under subsection (a), the Secretary shall give priority to reservoirs— located in areas with prolonged drought conditions; and for which no such review has occurred during the 10-year period preceding the date of the request.
In conducting the review under subsection (a), the Secretary shall determine if a change in operations, including the use of improved weather forecasts and run-off forecasting methods, will enhance 1 or more existing authorized project purposes, including— flood risk reduction; water supply; recreation; and fish and wildlife protection and mitigation. In carrying out a review under subsection
(a)and prior to implementing a change in operations under subsection (f), the Secretary shall consult with all affected interests, including— non-Federal entities responsible for operations and maintenance costs of a Federal facility; individuals and entities with storage entitlements; and local agencies with flood control responsibilities downstream of a facility. Not later than 90 days
(d)Results reported Not later than 90 days after completion of a review under this section, the Secretary shall post a report on the Internet regarding the results of the review.
(f)As soon as practicable, but not later than 3 years after the date on which a report under subsection
(e)is posted on the Internet, pursuant to the procedures required under existing authorities, if the Secretary determines based on that report that using the best available science, including improved weather and run-off forecasting methods, improves 1 or more existing authorized purposes at a reservoir, the Secretary shall— incorporate those methods in the operation of the reservoir; and as appropriate, update or revise operational documents, including water control plans, water control manuals, water control diagrams, release schedules, rule curves, and operational agreements with non-Federal entities.
(g)The Secretary may accept and expend amounts from non-Federal entities and other Federal agencies to fund all or a portion of the cost of carrying out a review under subsection
(a)or an update or revision of operational documents under subsection
(f), including any associated environmental documentation.
(h)An update under subsection (e)(2) (f)(2) shall not interfere with the authorized purposes of a project. Nothing in this section— authorizes the Secretary to carry out any project or activity for a purpose not otherwise authorized as of the date of enactment of this Act; or affects or modifies any obligation of the Secretary under Federal or State law.
(i)This section shall not apply to reservoirs owned and operated by the Corps of Engineers in— the Upper Missouri River; the Apalachicola-Chattahoochee Apalachicola-Chattahoochee-Flint river system; and the Alabama-Coosa-Tallapoosa river system.
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