33 U.S.C. § 2281d — Declaration of policy

submitted 1 year ago by Pub. L. 118-272 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 304 words · no verdicts yet

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Corps policy supports water supply, conservation, and drought resilience while preserving State water authority, existing rights and agreements, project purposes, other Corps missions, State law, compacts, and existing Federal agreements.

(a) Policy. Consistent with law, the Corps shall: (1) maximize water-supply, conservation, and drought-resilience opportunities at and in operating water-resources projects; (2) under section 390b of title 43, cooperate with States and local interests on domestic, municipal, industrial, and other water supplies connected with authorized project construction, maintenance, and operation; and (3) with non-Federal interests enable conservation and drought-resilience measures aligned with authorized project purposes. (b) The Secretary shall fully consider non-Federal requests and proposals using Corps authority for aligned supply, conservation, and drought-resilience features. (c) Nothing here changes State authority over its water, water rights existing January 4, 2025, existing supply agreements, project purposes, or existing Corps authority; preempts or affects State water law or interstate water compacts; diminishes other Corps priorities or missions; or supersedes or changes a written Federal/non-Federal agreement effective January 4, 2025.

the actual law source: uscode.house.gov ↗public domain

(a) In general

It is the policy of the United States for the Corps of Engineers, consistent with applicable statutory authorities—

(1)

to maximize opportunities for water supply, water conservation measures, and drought resiliency efforts at and in the operation of water resources development projects;

(2)

in accordance with section 390b of title 43, to participate and cooperate with States and local interests in developing water supplies for domestic, municipal, industrial, and other purposes in authorized connection with the construction, maintenance, and operation of water resources development projects; and

(3)

in coordination with non-Federal interests, to enable the adoption of water conservation measures and drought resiliency measures that are in alignment with the authorized purposes of water resources development projects.

(b) Full consideration

In support of subsection (a), the Secretary shall give full consideration to requests and proposals from non-Federal interests to utilize the authorities of the Corps of Engineers in furtherance of water supply features, water conservation measures, and drought resiliency efforts that are in alignment the authorized purposes of water resources development projects.

Nothing in this section—

(1)

affects, modifies, or changes—

(A)

the authority of a State to manage, use, or allocate the water resources of that State;

(B)

any water right in existence on January 4, 2025;

(C)

any existing water supply agreements between the Secretary and the non-Federal interest;

(D)

the authorized purposes of a water resources development project; or

(E)

any existing Corps of Engineers authorities;

(2)

preempts or affects any State water law or interstate compact governing water;

(3)

diminishes the other priorities and the primary or secondary missions of the Corps of Engineers; or

(4)

shall be interpreted to supersede or modify any written agreement between the Federal Government and a non-Federal interest that is in effect on January 4, 2025.

Source credit: (Pub. L. 118–272, div. A, title I, § 1161, Jan. 4, 2025, 138 Stat. 3046.)

history & why it existsrecord from the source credit

2025Enacted · Pub. L. 118-272 · 138 Stat. 3046

A history note hasn’t been published yet. The record shows enactment by Pub. L. 118-272 on 2025-01-04.

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