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Code · STATUTE-COMPILATIONS · Thomas R. Carper Water Resources Development Act of 2024 · Sec. 1164

Sec. 1164. EMERGENCY DROUGHT OPERATIONS PILOT PROGRAM

660 words·~3 min read·/statute-compilations/comps-18105/sec-1164

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 1164 EMERGENCY DROUGHT OPERATIONS PILOT PROGRAM **[**[33 U.S.C. 2319 note](/us/usc/t33/s2319)**]** ###
(a)Definition of Covered Project In this section, the term “covered project” means a project— ####
(1)that is located in the State of California, the State of Nevada, or the State of Arizona; and ####
(2)#####
(A)of the Corps of Engineers for which water supply is an authorized purpose; or #####
(B)for which the Secretary develops a water control manual under section 7 of the Act of December 22, 1944 (33 U.S.C. 709). ###
(b)Emergency Operation During Drought Consistent with other authorized project purposes and in coordination with the non-Federal interest, in operating a covered project during a drought emergency in the project area, the Secretary may carry out a pilot program to operate the covered project with water supply as the primary project purpose. ###
(c)Updates In carrying out this section, the Secretary may update the water control manual for a covered project to include drought operations and contingency plans. ###
(d)Requirements In carrying out subsection (b), the Secretary shall ensure that— ####
(1)operations described in that subsection— #####
(A)are consistent with water management deviations and drought contingency plans in the water control manual for the covered project; #####
(B)impact only the flood pool managed by the Secretary; and #####
(C)shall not be carried out in the event of a forecast or anticipated flood or weather event that would require flood risk management to take precedence; ####
(2)to the maximum extent practicable, the Secretary uses forecast-informed reservoir operations; and ####
(3)the covered project returns to the operations that were in place prior to the use of the authority provided under that subsection at a time determined by the Secretary, in coordination with the non-Federal interest. ###
(e)Contributed Funds The Secretary may receive and expend funds contributed by a non-Federal interest to carry out activities under this section. ###
(f)Report ####
(1)In general Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the pilot program carried out under this section. ####
(2)Inclusions The Secretary shall include in the report under paragraph
(1)a description of the activities of the Secretary that were carried out for each covered project and any lessons learned from carrying out those activities. ###
(g)Limitations Nothing in this section— ####
(1)affects, modifies, or changes the authorized purposes of a covered project; ####
(2)affects existing Corps of Engineers authorities, including authorities with respect to navigation, hydropower, flood damage reduction, and environmental protection and restoration; ####
(3)affects the ability of the Corps of Engineers to provide for temporary deviations; ####
(4)affects the application of a cost-share requirement under section 101, 102, or 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2211, 2212, 2213); ####
(5)supersedes or modifies any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act; ####
(6)supersedes or modifies any amendment to an existing multistate water control plan for the Colorado River Basin, if applicable; ####
(7)affects any water right in existence on the date of enactment of this Act; ####
(8)preempts or affects any State water law or interstate compact governing water; ####
(9)affects existing water supply agreements between the Secretary and the non-Federal interest; or ####
(10)affects any obligation to comply with the provisions of any Federal or State environmental law, including— #####
(A)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); #####
(B)the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and #####
(C)the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
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Citation graph
cites case law
Sec. 1164
EMERGENCY DROUGHT OPERATIONS PILOT PROGRAM
U.S.C.§ 2319
U.S.C.§ 709
U.S.C.§ 2211
U.S.C.§ 4321
U.S.C.§ 1251
U.S.C.§ 1531
Cites 6Cited by 0 across 0 sources
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