33 U.S. Code § 2281d - Declaration of policy

(a) In general

It is the policy of the United States for the Corps of Engineers, consistent with applicable statutory authorities—

(1) to maximize opportunities for water supply, water conservation measures, and drought resiliency efforts at and in the operation of water resources development projects;

(2) in accordance with section 390b of title 43, to participate and cooperate with States and local interests in developing water supplies for domestic, municipal, industrial, and other purposes in authorized connection with the construction, maintenance, and operation of water resources development projects; and

(3) in coordination with non-Federal interests, to enable the adoption of water conservation measures and drought resiliency measures that are in alignment with the authorized purposes of water resources development projects.

(b) Full consideration

In support of subsection (a), the Secretary shall give full consideration to requests and proposals from non-Federal interests to utilize the authorities of the Corps of Engineers in furtherance of water supply features, water conservation measures, and drought resiliency efforts that are in alignment the authorized purposes of water resources development projects.

(c) Limitation

Nothing in this section—

(1) affects, modifies, or changes—

(A) the authority of a State to manage, use, or allocate the water resources of that State;

(B) any water right in existence on January 4, 2025;

(C) any existing water supply agreements between the Secretary and the non-Federal interest;

(D) the authorized purposes of a water resources development project; or

(E) any existing Corps of Engineers authorities;

(2) preempts or affects any State water law or interstate compact governing water;

(3) diminishes the other priorities and the primary or secondary missions of the Corps of Engineers; or

(4) shall be interpreted to supersede or modify any written agreement between the Federal Government and a non-Federal interest that is in effect on January 4, 2025.

(Pub. L. 118–272, div. A, title I, § 1161, Jan. 4, 2025, 138 Stat. 3046.)

Editorial Notes

Codification

Section was enacted as part of the Grace F. Napolitano Priority for Water Supply, Water Conservation, and Drought Resiliency Act of 2024 and also as part of the Water Resources Development Act of 2024 and the Thomas R. Carper Water Resources Development Act of 2024, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

“Secretary” Defined

Secretary means the Secretary of the Army, see section 1002 of div. A of Pub. L. 118–272, set out as a note under section 2201 of this title.