EP 1165-2-1
30 Jul 99
specific exceptions, revised plans for purposes not encompassed by the
existing project authority require new Congressional authorization.)
Further Congressional authorization is not required to add water
quality functions if the related revisions in regulation would not
significantly affect operation of the project for the originally
authorized purposes. (EM 1110-2-3600, ER 1110-2-240, ER 1165-2-119)
(2) Modification of Completed Projects to Meet Water Quality
Needs. Recommendations for modification of a project for water
quality reasons (involving alteration of original project purposes or
addition of environmental restoration as a project purpose), if they
are to be adopted, must be presented in a feasibility report and
submitted to Congress for specific authorization of such modification.
Evaluation of benefits from such modifications and allocation of costs
to the basic purposes served (and, hence, cost sharing as appropriate
to those purposes) will be in accordance with policy for new projects
as discussed in paragraph 18-3c.
c. New Projects. Pursuant to Subsection 103(d) and Section
1135 of WRDA 1986, as amended, water quality enhancement provisions
may be included in new Corps reservoir developments to the extent that
the related benefits can be identified with basic project purposes as
listed in Subsections 103(a),(b),(c)and Section 1135: flood control,
hydroelectric power, municipal and industrial water supply, agri-
cultural water supply, recreation, hurricane and storm damage
reduction, aquatic plant control, and fish and wildlife. The need for
and the value of storage for regulation of streamflow for these
purposes, as well as for navigation and fish and wildlife, is
determined by the Corps. The value of storage for water quality and
streamflow regulation for such purposes shall be included with the
other monetary and non-monetary benefits of project development for
these purposes in the determination of project justification. Costs
associated with water quality enhancement and streamflow regulation
shall be allocated to the purposes that are served by these provisions
(listed in Subsections 103(a)(b)(c), navigation, and fish and
wildlife). If conjunctive use of the same storage serves more than
one of these basic purposes, allocation to streamflow regulation with
a suballocation to the basic purposes may be appropriate. As a
condition of authorization for projects which incorporate provisions
for streamflow regulation, states or other qualified sponsors shall
normally be required to furnish assurances that they will protect
regulated low flow releases against withdrawals or diversions to other
uses when Federal cost sharing is provided for the purpose served.
18-4.
Water Rights Involved in Project Development.
a. Definitions. Water rights in some states are a form of
real property, protected by state and Federal laws. In other states,
water may be considered part of the public trust and subject to use
under state regulatory laws. Depending on the State law in the
locale, water rights may originate in ownership of riparian lands or
be acquired by statutorily-recognized methods of appropriation.
Riparian lands are those which immediately adjoin a river. Riparian
water rights are the right to use, on that land, an amount of water
considered "reasonable:" that amount which allows maximum use by a
18-6
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