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Posted 12/22/2016

Release no. 16-051


Contact
Gene Pawlik
202-761-7690
Eugene.A.Pawlik@usace.army.mil

or

Doug Garman
202-761-1807
doug.m.garman@usace.army.mil

The U.S. Army Corps of Engineers has published a proposed rule to update and clarify its policies governing water supply uses of its reservoirs and seeks public comment.

In proposing this rule, pursuant to the Water Supply Act of 1958 (43 USC 390b) and Section 6 of the Flood Control Act of 1944 (33 USC 708) ("Section 6"), the Corps seeks to explain and bring certainty to its practices under both statutes, and to respond to issues that have arisen in exercising these authorities.

The proposed rule, along with instructions for submitting comments, is available at https://www.regulations.gov/docket?D=COE-2016-0016 .

The proposed rule is intended to enhance the Corps’ ability to cooperate with interested parties by facilitating water supply uses of its reservoirs in a manner that is consistent with the authorized purposes of those reservoirs, does not interfere with lawful uses of water and takes into account court decisions, legislative provisions and other developments.

This proposed rule is not intended to interfere with state or tribal prerogatives to allocate water rights, or with authorities of other federal agencies and applies only to Corps of Engineers actions pursuant to Section 6 and the Water Supply Act, not under any other authority.

It would apply prospectively, and only to reservoir projects operated by the Corps, not to projects operated by other federal or non-federal entities. It would not impose requirements on any other entity, alter existing contractual arrangements, or require operational changes at any Corps reservoir.

The Corps encourages all interested persons to carefully review the preamble and the proposed rule and to offer their comments for consideration. Public comment period closes Feb. 14, 2017.

Corps of Engineers Corps reservoirs U.S. Army water