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43 U.S.C. § 2223Plan elements

submitted 34 years ago by Pub. L. 102-250 to r/title-43-PUBLIC-LANDS · 344 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lists possible drought-plan elements and sets project, legal-compliance, and review rules.

(a) Plan elements. A drought plan may include (1) water banks; (2) suitable conservation actions; (3) water transfers inside or outside authorized reclamation service areas; (4) use of reclamation facilities to store and carry nonproject water for agricultural, municipal, industrial, fish and wildlife, or other uses; (5) dead or inactive reservoir storage or increased groundwater use for temporary supplies; (6) fish and wildlife supplies; and (7) minor structural actions. (b) Federal projects. Each plan must identify elements concerning only the Secretary’s reclamation-law and project responsibilities, and elements concerning projects, purposes, or activities not built, financed, or governed by reclamation law. (c) Drought levels. The Secretary may work with Federal and State agencies to improve hydrologic data and supply forecasts so drought warnings and implementation levels are more accurate and timely. (d) Law. Plans must comply with applicable Federal laws, including NEPA, 33 U.S.C. § 2265(a), and the Fish and Wildlife Coordination Act, and with State law. (e) Review. Plans must provide for periodic review and may be changed to respond to current conditions.
the actual law source: uscode.house.gov ↗public domain
(a) Plan provisions

Elements of the contingency plans prepared pursuant to section 2222 of this title may include, but are not limited to, any or all of the following:

(1)

Water banks.

(2)

Appropriate water conservation actions.

(3)

Water transfers to serve users inside or outside authorized Federal Reclamation project service areas in order to mitigate the effects of drought.

(4)

Use of Federal Reclamation project facilities to store and convey nonproject water for agricultural, municipal and industrial, fish and wildlife, or other uses both inside and outside an authorized Federal Reclamation project service area.

(5)

Use of water from dead or inactive reservoir storage or increased use of ground water resources for temporary water supplies.

(6)

Water supplies for fish and wildlife resources.

(7)

Minor structural actions.

(b) Federal Reclamation projects

Each contingency plan shall identify the following two types of plan elements related to Federal Reclamation projects:

(1)

Those plan elements which pertain exclusively to the responsibilities and obligations of the Secretary pursuant to Federal Reclamation law and the responsibilities and obligations of the Secretary for a specific Federal Reclamation project.

(2)

Those plan elements that pertain to projects, purposes, or activities not constructed, financed, or otherwise governed by the Federal Reclamation law.

(c) Drought levels

The Secretary is authorized to work with other Federal and State agencies to improve hydrologic data collection systems and water supply forecasting techniques to provide more accurate and timely warning of potential drought conditions and drought levels that would trigger the implementation of contingency plans.

(d) Compliance with law

The contingency plans and plan elements shall comply with all requirements of applicable Federal law, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321), section 2265(a) of title 33, and the Fish and Wildlife Coordination Act [16 U.S.C. 661 et seq.], and shall be in accordance with applicable State law.

(e) Review

The contingency plans shall include provisions for periodic review to assure the adequacy of the contingency plan to respond to current conditions, and such plans may be modified accordingly.

Source credit: (Pub. L. 102–250, title II, § 203, Mar. 5, 1992, 106 Stat. 57.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 102-250 · 106 Stat. 57

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-250 on 1992-03-05.

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