EP 1165-2-1
30 Jul 99
authority must be obtained. Generally, existing authorities are
sufficient to permit improvements to a project for safety purposes if
such improvements do not alter the scope or function of the project or
substantially change any of its specifically authorized purposes.
Primary examples of project features eligible for upgrading under this
program are: enlarging existing or constructing new facilities to
provide adequate flood discharge capability; raising the dam height to
provide adequate freeboard allowance; and increasing structural
stability of the dam foundation or structure to withstand hydraulic
and/or seismic loading. Modifications based on changes in
state-of-the-art design or construction criteria require thorough
documentation. Other modifications to correct conditions that may
threaten the integrity of a dam are accomplished as part of major
rehabilitation or routine maintenance. The Dam Safety Assurance
Program is also designed to upgrade dams built by the Corps and turned
over to local interests to operate and maintain; however, additional
authorization may be required for such projects. (ER 1110-2-1155)
11-7. Changes in Water Control Plans. Authorities for the allocation
and regulation of reservoir storage in projects operated by the Corps
are contained in project authorization acts. Some modifications to
approved water control plans may be undertaken to provide more
efficient use of the project. It is the policy of the Chief of
Engineers that reservoir regulation procedures be evaluated
continually. The objective of this policy is to improve water
management in light of changing conditions. However, proposed
changes, including those required to maintain instream flow needs,
must be carefully reviewed in conjunction with the authorizing
legislation to determine the extent of the change which may be
undertaken. Further, PL 101-640 requires that any change to a water
control plan, regardless of purpose, must be developed with full
public involvement. Water control plans may be modified to add a
purpose for which the Congress has granted general authority to all
Corps reservoirs. Such purposes are limited to: recreation (PL 78-
534); municipal and industrial water supply (PL 85-500); fish and
wildlife conservation (PL 85-624); water quality control (PL 92-500);
and threatened and endangered species preservation (PL 93-205). The
addition of any other purpose would require congressional
authorization. (To the extent practical, without adverse impacts on
Federal project functions, other adjustments to suit locally-desired
objectives may be considered and proposed contingent upon suitable
non-Federal fees or contributions.) Often, proposals for changes of
this type involve increases in the length of time waters are stored at
various levels in the reservoir. Such proposals may require
acquisition of a greater interest in reservoir lands on which flowage
easements were initially obtained. The cost of those additional land
takings along with all other benefits and costs should be considered
in the decision to change reservoir regulation. If such lands are
leased, amendments to the lease may be required. (ER 1110-2-240, ER
1165-2-119).
11-8. Mitigation of Damages Resulting from Construction and Operation
of Project. The Federal Government is not normally held responsible
for damages incidental to Civil Works activities within areas subject
to the Navigation Servitude. Normally, as a condition of project
authorization, local interests are required to hold and save the
United States free from damages due to construction, operation, and
maintenance of the project works. Section 9 of Public Law 93-251
states that such requirement does not include damages due to the fault
or negligence of the United States or its contractors. While the
Federal Government may be liable for damages resulting from the
11-12
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