43 U.S.C. § 390b–2 — Leveraging Federal infrastructure for increased water supply

(a) In general: At a non-federal interest's request, the Secretary may review proposals to increase available water supply at a federal water resources project through: (1) modifying the project; (2) modifying how it's managed; or (3) accessing water released from it. (b) Proposals included: A proposal may include: (1) increasing the project's storage capacity; (2) diverting released or withdrawn water (A) to recharge groundwater, (B) to aquifer storage and recovery, or (C) to any other storage facility; (3) building facilities to deliver water from Secretary-built pumping stations; (4) building facilities to access water; and (5) any combination of (1) through (4). (c) Exclusions: This section does 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: If a proposal involves a federal project the Secretary doesn't run, this section only covers activities the Secretary actually has authority over. (e) Review process. (1) Notice: When the Secretary gets a proposal, the Secretary must send a copy to each entity listed in (2) — and to the federal agency running the project, if it's not run by the Department of the Army. (2) Public participation: Before deciding on a proposal, the Secretary must follow all legally required public participation steps, including consulting: (A) affected states; (B) power marketing administrations, for reservoirs with federal hydropower; (C) entities responsible for operation and maintenance costs; (D) anyone with a contractual right to withdraw water or use storage at the project; (E) entities the state says hold water rights under state law at the project; and (F) local governments responsible for flood risk downstream of the project. (f) Authorities: A submitted proposal may be reviewed and approved, if appropriate, under: (1) the project's own specific authorization; (2) 33 U.S.C. 549a; (3) section 390b of this title; or (4) 33 U.S.C. 408. (g) Limitations: The Secretary cannot approve a proposal that: (1) lacks support from the federal agency that runs the project, if that's not the Army; (2) interferes with an authorized project purpose; (3) hurts contractual rights to water or storage at the reservoir; (4) hurts legal state-law water rights, as the affected state determines; (5) raises costs for anyone other than the proposal's submitter; or (6) modifies a section 390b(e) project in a way that doesn't meet that section's requirements, unless Congress authorizes the modification. (h) Cost share. (1) In general: Except as in (2), the entity submitting a proposal — not the federal government — must pay 100% of the cost to develop, review, and carry out the proposal. (2) Planning assistance to states: If the proposal comes from an entity eligible for assistance under 42 U.S.C. 1962d-16, the Secretary can use that section's funds to pay 50% of the review cost. (3) Operation and maintenance costs: (A) Except as in (B) and (C), the non-federal sponsor pays 100% of the separable operation and maintenance costs of carrying out the proposal. (B) For proposals adding water supply storage under a water supply storage agreement, the non-federal sponsor also pays its proportional share of joint-use costs for the reservoir's operation, maintenance, repair, replacement, or rehabilitation, figured under section 390b. (C) Any other entity may voluntarily help pay these costs. (i) Contributed funds. (1) For Corps of Engineers projects, the Secretary can accept and spend funds a non-federal interest contributes to review and approve a proposal. (2) For other federal reservoir projects: (A) The Secretary can accept and spend funds from a non-federal interest or another federal agency that owns the reservoir, to write, review, or revise operating documents for a submitted proposal. (B) That covers a reservoir where the Secretary is authorized to set rules for storage set aside for flood control or navigation, under 33 U.S.C. 709. (j) Assistance: At a non-federal interest's request, the Secretary can provide technical help developing or carrying out a proposal — including help getting needed construction permits — if that interest agrees to pay all costs of that technical assistance. (k) Exclusion: This section does not apply to reservoirs in: (1) the Upper Missouri River; (2) the Apalachicola-Chattahoochee-Flint river system; (3) the Alabama-Coosa-Tallapoosa river system; or (4) the Stones River. (l) Effect of section: Nothing here affects or changes any other authority the Secretary has to review or modify reservoirs.