Sec. 4. Review of flood control rule curves pilot project
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In this section: The term Bureau means the Bureau of Reclamation. The term eligible works means a reserved works, or a transferred works for which— the flood control rule curve has not been substantially adjusted during the 10-year period ending on the date of enactment of this Act; and the Secretary receives a request in accordance with subsection (c)(1)(A). The term eligible works does not include— any project authorized by the Boulder Canyon Project Act ( 43 U.S.C. 617 et seq.); any project authorized by the Act of April 11, 1956 (commonly known as the Colorado River Storage Project Act ) ( 43 U.S.C. 620 et seq.); or any project of the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 891, chapter 665)).
The term pilot project means the pilot project established under subsection (b). The term responsible party means— with respect to a reserved works— a non-Federal water user or power contractor that has an active repayment, water service, or power service contract with the Bureau; a power contractor that has an active contract with a Federal power marketing administration for energy, capacity, or energy and capacity, from a hydropower facility owned by the Bureau; or a non-Federal operating entity, including a joint powers authority or board of control, that has assumed responsibility on behalf of multiple water users, through a contract with the Bureau, for the operation and maintenance of the reserved works; and with respect to a transferred works, the operating entity of the transferred works.
The term Secretary means Secretary of the Interior. The Secretary, in consultation with the Secretary of the Army, shall establish within the Bureau a pilot project to adjust flood control rule curves in accordance with subsection (d). In order for an eligible works to be selected for inclusion in the pilot project, a responsible party shall submit a written request to the Secretary seeking a flood control rule curve adjustment. Not later than 30 days after the date on which the Secretary receives a request under subparagraph (A), the Secretary shall notify— each responsible party of that request, using lists maintained by the Bureau; and if applicable, the appropriate Federal power marketing administration.
Each year, the Secretary shall— select 1 or more eligible works for inclusion in the pilot project; and submit a list of those eligible works to— the Secretary of the Army; the Committee on Natural Resources of the House of Representatives; and the Committee on Energy and Natural Resources of the Senate. The Secretary shall not select an eligible works for inclusion in the pilot project under paragraph (2)(A) if, not later than 60 days after the date on which the notice is provided to each responsible party under paragraph (1)(B)(i), a majority of the responsible parties submit to the Secretary an objection to the inclusion of the eligible works in the pilot project.
The flood control rule curve of an eligible works shall be adjusted pursuant to section 7 of the Act of December 22, 1944 ( 33 U.S.C. 709 ), if the Secretary of the Army determines that the adjustment would enhance the authorized purposes of the eligible works. In the adjustment of a flood control rule curve under paragraph (1), the following factors shall be considered: Forecast-informed reservoir operations. Improved hydrologic forecasting for— precipitation; snowpack; runoff; and soil moisture conditions.
Any new watershed data, including data provided by a responsible party for the eligible works. In the adjustment of a flood control rule curve under paragraph (1), the following entities shall be consulted: Each responsible party for the eligible works. In the case of an eligible works that produces power marketed by the Federal Government, the Federal power marketing administration that markets the power. The Secretary. The Secretary shall consult with the Secretary of the Army with respect to any action taken by the Secretary of the Army— pursuant to section 7 of the Act of December 22, 1944 ( 33 U.S.C. 709 ); and that relates to the pilot project.
The Secretary or the Secretary of the Army, as appropriate, may accept amounts from responsible parties for eligible works to fund all or a portion of the cost of carrying out an adjustment of a flood control rule under subsection (d), including a review or revision of operational documents (including water control plans, water control manuals, water control diagrams, release schedules, rule curves, operational agreements with non-Federal entities, and any associated environmental documentation).
Nothing in this section— affects or modifies any existing authority to review or modify— reservoir operations, including any existing forecast-informed reservoir operations at a facility of the Corps of Engineers, such as Coyote Dam; and flood control operations; or affects or modifies any authorized purpose of any project carried out by the Secretary. The pilot project shall terminate on the date that is 15 years after the date of enactment of this Act. Termination of the pilot project under paragraph
(1)shall not affect any flood control rule curve developed as part of the pilot project.
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U.S. Code
- Colorado River Basin; protection and development; dam, reservoir, and incidental works; water, water power, and electrical energy; eminent domain§ 617
- Upper Colorado River Basin; purpose of development of water resources; initial units; construction of Wayne N. Aspinall unit contingent upon certification; participating projects; Rainbow Bridge National Monument§ 620
- Regulations for use of storage waters; application to Tennessee Valley Authority§ 709
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Sec. 4
Review of flood control rule curves pilot project
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