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33 U.S.C. § 702j–2 — White River Levee District; rights-of-way; drainage facilities; flowage rights; acquisition by local authorities; protection of United States from liability for damages

submitted 90 years ago by ch. 548 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 246 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Chief of Engineers must build a White River Levee District levee system at United States expense, with authority to change grades and sections. Local interests must provide rights-of-way, drainage, emergency-reservoir rights, and protection from related liability.

Under the Secretary of the Army’s supervision and at United States expense, the Chief of Engineers must build a levee system substantially following the general plan on the specified map accompanying the April 2, 1925 report filed in Memphis, Tennessee. The Chief may alter, change, or modify the plan’s grades and levee sections. Work may not begin until the State, levee boards, or other responsible local interests assure the Secretary that they will: (a) provide, at no cost to the United States, all rights-of-way needed for the project; (b) provide drainage facilities made necessary by the levees; (c) acquire and provide, at no cost to the United States, all flowage and storage rights and easements over, on, and across land and property in the protected area if the Secretary or Chief decides that the area, or part of it, must be used as an emergency reservoir; and (d) protect the United States from liability for damage caused by using the area for reservoir purposes during that emergency.

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

The Chief of Engineers, under the supervision of the Secretary of the Army, shall at the expense of the United States Government construct a system of levees substantially in accordance with general plan shown on map designated as sheet numbered 1 entitled “Tributary Levee Location Survey—White River Levee District—Proposed Levee Location” accompanying report dated April 2, 1925, and filed in office of First and Second Mississippi River Commission Districts, Memphis, Tennessee. The Chief of Engineers shall have the right to alter, change, or modify said plan as to the grades and levee sections: Provided, however, That no work shall be commenced on the above-mentioned project until the State, levee boards, or other responsible local interests have given assurances satisfactory to the Secretary of the Army that they will (a) provide without cost to the United States all rights-of-way necessary for the construction of said project; (b) provide drainage facilities made necessary by construction of levees; (c) acquire and provide without cost to the United States all flowage and storage rights and easements over, upon, and across the lands and properties within the protected area in the event it becomes necessary in the judgment and discretion of the Secretary of the Army or the Chief of Engineers to use said area, or any part thereof, for an emergency reservoir; (d) hold and save the United States free from liability for damages on account of the use of said area for reservoir purposes during said emergency.

Source credit: (June 15, 1936, ch. 548, § 5, 49 Stat. 1509; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

history & why it existsrecord from the source credit
  • 1936Enacted · Act of June 15, 1936, ch. 548 · 49 Stat. 1509
  • 1947Amended · Act of July 26, 1947, ch. 343 · 61 Stat. 501

A history note hasn’t been published yet. The record shows enactment by ch. 548 on 1936-06-15.

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