Title 33Navigation and Navigable WatersRelease 119-73

§2347c Small water storage projects

Title 33 › Chapter CHAPTER 36— - WATER RESOURCES DEVELOPMENT › Subchapter SUBCHAPTER V— - GENERAL PROVISIONS › § 2347c

Last updated Apr 6, 2026|Official source

Summary

The Secretary will run a program to study, build, or enlarge small water-storage projects with non-Federal partners. New projects must store at least 2,000 and at most 30,000 acre-feet of water. Enlargements must add at least 1,000 and at most 30,000 acre-feet. Projects must give flood protection, ecological gains, or improved water management, conservation, or supply. They must be cost-justified, safe for the environment, and technically doable, or, if they mainly give ecological benefits, be cost-effective. Projects in States with fewer than 1,000,000 people get priority. For 10 years starting December 27, 2020, projects that have finished required Federal permits must be sped up. When studying projects, the Secretary must use relevant State data and partner information when appropriate. Study costs are paid 100% by the Federal government up to $100,000 and 50% for costs above that. Construction cost shares follow existing rules: municipal/industrial water supply costs are 100% non-Federal, agricultural supply is 35% non-Federal, and recreation-related costs are 50% non-Federal for separable parts (with special rules for harbors). Operation, maintenance, repair, and replacement are paid by the non-Federal partner. No more than $65,000,000 in Federal money can go to any one project. Up to $130,000,000 a year is authorized for this program through fiscal year 2030.

Full Legal Text

Title 33, §2347c

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)The Secretary shall carry out a program to study and construct new, or enlarge existing, small water storage projects, in partnership with a non-Federal interest.
(b)To be eligible to participate in the program under this section, a small water storage project shall—
(1)in the case of a new small water storage project, have a water storage capacity of not less than 2,000 acre-feet and not more than 30,000 acre-feet;
(2)in the case of an enlargement of an existing small water storage project, be for an enlargement of not less than 1,000 acre-feet and not more than 30,000 acre-feet;
(3)provide—
(A)flood risk management benefits;
(B)ecological benefits; or
(C)water management, water conservation, or water supply; and
(4)be—
(A)economically justified, environmentally acceptable, and technically feasible; or
(B)in the case of a project providing ecological benefits, cost-effective with respect to such benefits.
(c)In carrying out the program under this section, the Secretary shall give preference to a small water storage project located in a State with a population of less than 1,000,000.
(d)For the 10-year period beginning on December 27, 2020, the Secretary shall expedite small water storage projects under this section for which applicable Federal permitting requirements have been completed.
(e)In conducting a study under this section, to the maximum extent practicable, the Secretary shall—
(1)as the Secretary determines appropriate, consider and utilize any applicable hydrologic, economic, or environmental data that is prepared for a small water storage project under State law as the documentation, or part of the documentation, required to complete State water plans or other State planning documents relating to water resources management; and
(2)consider information developed by the non-Federal interest in relation to another study, to the extent the Secretary determines such information is applicable, appropriate, or otherwise authorized by law.
(f)(1)The Federal share of the cost of a study conducted under this section shall be—
(A)100 percent for costs not to exceed $100,000; and
(B)50 percent for any costs above $100,000.
(2)A small water storage project carried out under this section shall be subject to the cost-sharing requirements applicable to projects under section 2213 of this title, including—
(A)municipal and industrial water supply: 100 percent non-Federal;
(B)agricultural water supply: 35 percent non-Federal; and
(C)recreation, including recreational navigation: 50 percent of separable costs and, in the case of any harbor or inland harbor or channel project, 50 percent of joint and separable costs allocated to recreational navigation.
(g)The costs of operation, maintenance, repair, and replacement and rehabilitation for a small water storage project constructed under this section shall be the responsibility of the non-Federal interest.
(h)Not more than $65,000,000 in Federal funds may be made available to a small water storage project under this section.
(i)There is authorized to be appropriated to carry out this section $130,000,000 annually through fiscal year 2030.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 2020, 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 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2347c

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73