§817 Projects not affecting navigable waters; necessity for Federal license, permit or right-of-way; unauthorized activities

Summary

You must not build, run, or keep in place dams, water channels, reservoirs, powerhouses, or other related work across or in navigable U.S. waters, on U.S. public lands or reservations (including the Territories), or use surplus water or power from a Government dam unless you already have a permit or right-of-way from before June 10, 1920, or you have a license under this law. If someone (including a person, company, State, or city) plans to build similar works on a stream that isn’t listed as “navigable” but is under Congress’s commerce power, they must tell the Commission first. The Commission will investigate. If it says interstate or foreign commerce would be affected, a license is required; if not and no federal lands are involved, state law governs. You may not start major changes to a project covered by or exempted from this law unless the change is allowed by the project’s license or exemption and meets the subchapter’s rules. The word “commence” here means starting actual on-site work, not just surveys or testing.