Title 33Navigation and Navigable WatersRelease 119-73

§2324 Reduced pricing for certain water supply storage

Title 33 › Chapter CHAPTER 36— - WATER RESOURCES DEVELOPMENT › Subchapter SUBCHAPTER V— - GENERAL PROVISIONS › § 2324

Last updated Apr 6, 2026|Official source

Summary

The Secretary can give water storage space in a federal water project to a low‑income community if the space is available or can be made available by changing how the project is used. The amount given cannot be more than what would supply 3,000,000 gallons of water per day. The price the community pays must be the higher of two numbers: (1) either the updated construction cost allocated to that storage or $100 per acre‑foot of storage, whichever of those two is smaller, and (2) the value of benefits lost by giving up that storage. The Secretary must use the latest information to figure those costs and values. The $100 figure is increased each year based on the Consumer Price Index for All Urban Consumers from the Bureau of Labor Statistics. Local or non‑Federal groups still must cover any operation and maintenance costs assigned to the storage. A "low‑income community" means either a place with under 20,000 people in a county whose per‑person income is lower than two‑thirds of U.S. counties, or a regional water system serving under 100,000 people whose per‑person income is lower than at least half of U.S. counties.

Full Legal Text

Title 33, §2324

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)If a low income community requests the Secretary to provide water supply storage space in a water resources development project operated by the Secretary and if the amount of space requested is available or could be made available through reallocation of water supply storage space in the project or through modifications to operation of the project, the Secretary may provide such space to the community at a price determined under subsection (c).
(b)The maximum amount of water supply storage space which may be provided to a community under this section may not exceed an amount of water supply storage space sufficient to yield 3,000,000 gallons of water per day.
(c)The Secretary shall provide water supply storage space under this section at a price which is the greater of—
(1)the updated construction cost of the project allocated to provide such amount of water supply storage space or $100 per acre foot of storage space, whichever is less; and
(2)the value of the benefits which are lost as a result of providing such water supply storage space.
(d)For purposes of subsection (c), the determinations of updated construction costs and value of benefits lost shall be made by the Secretary on the basis of the most recent information available.
(e)The $100 amount set forth in subsection (c) shall be adjusted annually by the Secretary for changes in the Consumer Price Index of All Urban Consumers published by the Bureau of Labor Statistics.
(f)Nothing in this section shall be construed as affecting the responsibility of non-Federal interests to provide operation and maintenance costs assigned to water supply storage provided under this section.
(g)The term “low income community” means—
(1)a community with a population of less than 20,000 which is located in a county with a per capita income less than the per capita income of two-thirds of the counties in the United States; or
(2)a regional water system that serves a population of less than 100,000, for which the per capita income is less than the per capita income of not less than 50 percent of the counties in the United States.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2020—Subsec. (b). Pub. L. 116–260, § 350(1), substituted “3,000,000” for “2,000,000”. Subsec. (g). Pub. L. 116–260, § 350(2), substituted “means—” for “means”, inserted par. (1) designation before “a community”, substituted “; or” for period at end, and added par. (2).

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 101–640, set out as a note under section 2201 of this title.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2324

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73