Sec. 121. Water supply mission
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/bill/118/hr/8812/ih/section-121A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary shall— include water supply as a primary mission of the Corps of Engineers in planning, prioritization, designing, constructing, modifying, operating, and maintaining water resources development projects; and give equal consideration to the water supply mission in the planning, prioritization, designing, constructing, modifying, operating, and maintaining of water resources development projects. Nothing in subsection
(a)authorizes the Secretary to initiate a water resources development project or modify an authorized water resources development project. Nothing in subsection
(a)affects— any existing authority of the Secretary, including— authorities of the Secretary with respect to navigation, flood control, and environmental protection and restoration; the authority of the Secretary under section 6 of the Flood Control Act of 1944 ( 33 U.S.C. 708 ); and the authority of the Secretary under section 301 of the Water Supply Act of 1958 ( 43 U.S.C. 390b ); any applications for permits under the jurisdiction of the Secretary, or lawsuits relating to such permits or water resources development projects, pending as of the date of enactment of this Act; the application of any procedures to assure public notice and an opportunity for public hearing for such permits; or the authority of a State to manage, use, or allocate the water resources of that State. Section 301(b) of the Water Supply Act of 1958 ( 43 U.S.C. 390b(b) ) is amended by striking for Corps of Engineers projects, not to exceed 30 percent and replacing it with for Corps of Engineers projects, not to exceed 100 percent . Not later than one year after the date of enactment of this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report detailing— the steps taken to comply with subsection (a); and actions identified by non-Federal interests that may be taken, consistent with existing authorized purposes of the applicable water resources development projects, to— reallocate storage space in existing water resources development projects for municipal and industrial water supply purposes pursuant to section 301 of the Water Supply Act of 1958 ( 43 U.S.C. 390b ); enter into surplus water supply contracts pursuant to section 6 of the Flood Control Act of 1944 ( 33 U.S.C. 708 ); modify the operations of an existing water resources development project to produce water supply benefits incidental to, and consistent with, the authorized purposes of the project, including by— adjusting the timing of releases for other authorized purposes to create opportunities for water supply conservation, use, and storage; capturing stormwater; releasing water from storage to replenish aquifer storage and recovery; and carrying out other conservation measures that enhance the use of a project for water supply; and cooperate with State, regional, and local governments and planning authorities to identify strategies to augment water supply, enhance drought resiliency, promote contingency planning, and assist in the planning and development of alternative water sources. Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that includes— identification of— the steps taken to comply with subsection (a); and the specific actions identified under paragraph (1)(B) that were taken; and an assessment of the results of such steps and actions.
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- 33 USC 708
- 43 USC 390b
- 43 USC 390b(b)
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cites case law
Sec. 121
Water supply mission
Cite33 USC 708
Cite43 USC 390b
Cite43 USC 390b(b)
Cites 3Cited by 0 across 0 sources