EP 1165-2-1
30 Jul 99
authority requires a request from the governor of the state where the
source of water has become contaminated and is normally limited to 30
days. Loss of water source or supply is not correctable under this
authority. Public Law 95-51 further amended Section 5 to provide the
Secretary of the Army authority under certain statutory conditions to
construct wells and to transport water to farmers, ranchers, and
political subdivisions within areas the ASA(CW) determines to be
drought distressed. A written request for assistance may be made by
any farmer, rancher or political subdivision within a distressed area.
Corps assistance will only be considered when non-Federal interests
have exhausted reasonable means for securing necessary water supplies
(within the limits of their financial resources) including assistance
from other Federal agencies. Evaluations of requests for assistance
are to be tempered by the fact that Corps assistance is supplemental
to state and local efforts. Long term solutions to water supply
problems are the responsibility of state and local interests. This
authority is not to be used to provide drought emergency water
assistance in cases where a livestock owner has other options. Those
options include raising funds from private sources through a loan, and
by selling all or part of the herd, even though the sale may be at
deflated prices, to purchase water or facilitate relocation of the
animals to an area where water is available. Federally-owned
equipment must be used to the maximum extent possible. Assistance can
be provided to transport water for consumption. The cost of
transporting water is provided by the Corps; however, cost of
purchasing and storing water is the non-Federal interest's
responsibility. In addition, assistance can be provided to construct
wells. Federal costs for well construction must, however, be repaid.
(ER 500-1-1 and ER 11-1-320)
b. Water Supply Planning. The Department of the Army has
absorbed emergency water supply functions which formerly were a
responsibility of the Department of the Interior. The transfer will
enable the Corps to develop, nationwide, emergency plans and
preparedness programs for water. The transferred responsibilities
will complement previously held authorities and will permit more
comprehensive and efficient management of water as a scarce resource
during an emergency. (Paragraph 28-2.a)
c. Water Quality. Emergency or unusual conditions have
developed in past years on rivers and waterways as a result of
accidental spills of pollutants and extreme, short-term low flows.
The Corps has adequate authority under existing laws to regulate
projects in the public interest under emergency conditions, with one
possible exception. In very rare instances, water supply under
agreement might be the only water in storage available for immediate
release. In those instances it is necessary to obtain the cooperation
of the water supply owner to make releases. Approval of HQUSACE is
required to deviate from the approved water control plans.
d. Drought Contingency Plans. Water control managers will
continually review and adjust water control in response to changing
public needs. Many areas of the country face chronic or serious
drought conditions. Preparation of drought contingency plans is, for
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