43 USC 390b-2 - Leveraging Federal infrastructure for increased water supply

U.S Code last checked for updates: May 06, 2024

§ 390b–2.

Leveraging Federal infrastructure for increased water supply

(a)

In general

At the request of a non-Federal interest, the Secretary may review proposals to increase the quantity of available supplies of water at a Federal water resources development project through—

(1)

modification of the project;

(2)

modification of how the project is managed; or

(3)

accessing water released from the project.

(b)

Proposals included

A proposal under subsection (a) may include—

(1)

increasing the storage capacity of the project;

(2)

diversion of water released or withdrawn from the project—

(A)

to recharge groundwater;

(B)

to aquifer storage and recovery; or

(C)

to any other storage facility;

(3)

construction of facilities for delivery of water from pumping stations constructed by the Secretary;

(4)

construction of facilities to access water; and

(5)

a combination of the activities described in paragraphs (1) through (4).

(c)

Exclusions

This section shall not apply to a proposal that—

(1)

reallocates existing water supply or hydropower storage; or

(2)

reduces water available for any authorized project purpose.

(d)

Other Federal projects

(e)

Review process

(1)

Notice

(2)

Public participation

In reviewing proposals submitted under subsection (a), and prior to making any decisions regarding a proposal, the Secretary shall comply with all applicable public participation requirements under law, including consultation with—

(A)

affected States;

(B)

power marketing administrations, in the case of reservoirs with Federal hydropower projects;

(C)

entities responsible for operation and maintenance costs;

(D)

any entity that has a contractual right from the Federal Government or a State to withdraw water from, or use storage at, the project;

(E)

entities that the State determines hold rights under State law to the use of water from the project; and

(F)

units of local government with flood risk reduction responsibilities downstream of the project.

(f)

Authorities

A proposal submitted to the Secretary under subsection (a) may be reviewed and approved, if applicable and appropriate, under—

(1)

the specific authorization for the water resources development project;

(2)

section 549a of title 33

;

(3)

section 390b of this title; and

(4)

section 408 of title 33.

(g)

Limitations

The Secretary shall not approve a proposal submitted under subsection (a) that—

(1)

is not supported by the Federal agency that operates the project, if that agency is not the Department of the Army;

(2)

interferes with an authorized purpose of the project;

(3)

adversely impacts contractual rights to water or storage at the reservoir;

(4)

adversely impacts legal rights to water under State law, as determined by an affected State;

(5)

increases costs for any entity other than the entity that submitted the proposal; or

(6)

if a project is subject to section 390b(e) of this title, makes modifications to the project that do not meet the requirements of that section unless the modification is submitted to and authorized by Congress.

(h)

Cost share

(1)

In general

(2)

Planning assistance to states

(3)

Operation and maintenance costs

(A)

In general

(B)

Certain water supply storage projects

(C)

Voluntary contributions

(i)

Contributed funds

(1)

Contributed funds for corps projects

(2)

Contributed funds for other Federal reservoir projects

(j)

Assistance

(k)

Exclusion

This section shall not apply to reservoirs in—

(1)

the Upper Missouri River;

(2)

the Apalachicola-Chattahoochee-Flint river system;

(3)

the Alabama-Coosa-Tallapoosa river system; and

(4)

the Stones River.

(l)

Effect of section

(Pub. L. 114–322, title I, § 1118, Dec. 16, 2016, 130 Stat. 1640; Pub. L. 116–260, div. AA, title I, § 162, Dec. 27, 2020, 134 Stat. 2667.)

cite as: 43 USC 390b-2