EP 1165-2-1
30 Jul 99
Corps projects with controlled reservoir storage, a part of the Corps
overall water control management activities. Existing authority
(Section 6 of the Flood Control Act of 1944) is adequate to permit
temporary withdrawal of water from Corps projects to supplement normal
supplies in time of drought. Under Section 6 of the Flood Control Act
of 1944, the Secretary of the Army is authorized to make agreements
with states, municipalties, private concerns or individuals at such
prices and on such terms as he may deem reasonable for domestic and
industrial uses for surplus water (see paragraph 18-2.d) that may be
available in any reservoir under the control of the Department of the
Army. In providing such surplus water, the preferred approach is for
a state or subdivision of a state to enter into an agreement with the
Secretary of the Army and agree to act as wholesaler for all of the
water requirements of individual users. This places the local
government in a position to help their citizens during difficult times
and minimizes the potential for problems that could arise if the
Secretary had to determine who was entitled to shares of surplus water
based on assessment of local needs. Such withdrawals require a fee
for the service provided, even in the case of a declared national
disaster area. (ER 1110-2-1941)
18-9
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