§702a–11 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The United States, through the Chief of Engineers, may buy the land rights it needs and build the Morganza and Eudora floodways. The Chief can change the Morganza design and how water flows into it. Work on these floodways can start without delay. For the Eudora floodway, the intake must include an automatic masonry weir set so it is not overtopped unless the Vicksburg gage reaches 51 feet or more. A fuseplug levee loop may be built behind that sill to hold back water until a predicted flood exceeds the safe capacity of the main river levee. That fuseplug must have at least 3 feet of freeboard, but the Chief of Engineers may break it on purpose if needed to protect the main levee. Authority to buy land and easements is limited to the floodways and the northward extension of Eudora. The Chief may extend Eudora’s guide line levees south toward Old River and choose the exact location near Eudora. The United States may buy flowage easements in the Atchafalaya Basin below the latitude of Krotz Springs. The Morganza floodway cannot be used until the Wax Lake outlet is in working order. Certain fuseplug levees at the head of the Atchafalaya Basin (east side of the river) must be rebuilt to the 1928 grade and section. Lands may be acquired voluntarily or by condemnation under the law. If the United States keeps ownership of any fee simple lands, it may lease them and must pay 25 percent of lease revenues each year to the State where the land lies for county public schools and roads, split by area if land is in more than one State or county. Money appropriated for Morganza and Eudora must not be used for other purposes.

Title 33, §702a–11

Navigation and Navigable Waters — Source: USLM XML via OLRC

The United States may, within the discretion of the Chief of Engineers, irrespective of other provisions of law, proceed to acquire all easements needed and of the character considered advisable in the Morganza floodway and to construct said Morganza floodway. Said Morganza floodway may, within the discretion of the Chief of Engineers, be modified as to its design and inflow. The said Morganza floodway may be initiated and constructed without delay; and the United States may, within the discretion of the Chief of Engineers, irrespective of other provisions of law, proceed to the acquisition of flowage rights and flowage easements in the Eudora floodway, and to its construction as authorized by existing law: Provided, That the intakes of such Eudora floodway shall include an automatic masonry weir with its sill at such an elevation that it will not be overtopped by stages other than those capable of producing a stage of fifty-one feet or over on the Vicksburg gage: Provided further, That a fuseplug levee loop may be constructed behind said sill to prevent flow into the floodway until the predicted flood exceeds the safe capacity of the main river leveed channel, with a free-board of at least three feet, but said fuseplug levee may be artificially breached when in the opinion of the Chief of Engineers such breaching is advisable to insure the safety of the main river controlling levee line: Provided further, That the authority to acquire lands, flowage rights, and easements for floodways shall be confined to the floodways proper and to the northward extension of Eudora: Provided further, That within the discretion of the Chief of Engineers, the guide line levees of the Eudora floodway may be extended south toward Old River: Provided further, That the Chief of Engineers is authorized to construct the said Eudora floodway at such location as he may determine, in the vicinity of Eudora. The United States may, within the discretion of the Chief of Engineers irrespective of other provisions of law, proceed to acquire flowage rights and flowage easements in the northward extension of the Eudora floodway, as authorized by existing law, provided that pending the completion of such northward extension all the Riverside fuseplug levee extending south from the vicinity of Yancopin to the vicinity of Vau Cluse, Arkansas, and so as to connect with the existing levee of 1928 grade and section, shall be reconstructed to the 1914 grade and 1928 section: Provided further, That if the back protection levee is constructed prior to the construction of Eudora floodway, it shall be connected with the main Mississippi River levee and subsequently connected with the Eudora floodway when constructed: Provided further, That the Chief of Engineers is authorized, in his discretion, to negotiate options, make agreements and offers with respect to lands, flowage rights, easements, and rights-of-way involved, as provided by law, at prices deemed reasonable by him. The United States, irrespective of other provisions of law, may, within the discretion of the Chief of Engineers, acquire flowage easements over all lands not subject to frequent overflow in the Atchafalaya Basin below the latitude of Krotz Springs. Said Morganza floodway shall not be operated until the Wax Lake outlet has been put into operative condition. The fuseplug levees at the head of the Atchafalaya Basin on the east side of the Atchafalaya River shall be reconstructed to the 1928 grade and section. The United States may, in the discretion of the Chief of Engineers, acquire all flowage rights, flowage easements, rights-of-way for levee foundations, and titles in fee simple as herein provided, either by voluntary acquisition or in accordance with the condemnation proceedings by the Secretary of the Army as provided for in section 702d of this title. In the event the United States acquires or owns title to any lands in fee simple under the provisions of section 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title, as amended and supplemented, the United States may retain the ownership thereof, or any part thereof instead of turning over such lands to the ownership of States or local interests as provided in section 702d of this title, and may lease such lands: Provided, That 25 per centum of all moneys received and deposited in the Treasury of the United States during any fiscal year on account of such leases shall be paid, at the end of such year, by the Secretary of the Treasury to the State in which such property is situated, to be expended as the State legislature may prescribe for the benefit of the public schools and public roads of the county or counties in which such property is situated: Provided further, That when such property is situated in more than one State or county the distributive share to each from the proceeds of such property shall be proportional to its area therein: Provided further, That no part of the appropriations herein or heretofore authorized for said Morganza and Eudora floodways and extension shall be used for any other purpose.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Herein, referred to in text, means act June 15, 1936, ch. 548, 49 Stat. 1508, which enacted section 642a, 702a–1, 702a–2 to 702a–12, 702g–1, 702j–1, 702j–2, 702k–1, and 702k–2 of this title. For complete classification of this Act to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act

July 26, 1947, ch. 343, title II, 61 Stat. 501. section 205(a) of act

July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. Effect of AmendmentAct

June 28, 1938, provided that, except as amended therein, the act of

May 15, 1928, ch. 569, 45 Stat. 534, as amended by the act of

June 15, 1936, as amended, should remain in full force and effect. Act

May 15, 1928, is classified to section 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title. Abandonment and Repeal of ProjectsFor abandonment of Boeuf Floodway and Eudora Floodway as well as Northward Extension and back protection levee extending from head of Eudora Floodway north to Arkansas River and repeal of provisions relating to prosecution of work, see section 702a–12 of this title.

§702a–11 Morganza Floodway; Eudora Floodway