Title 42The Public Health and WelfareRelease 119-73

§1962d–11a Potomac River water diversion structure

Title 42 › Chapter CHAPTER 19B— - WATER RESOURCES PLANNING › Subchapter SUBCHAPTER IV— - MISCELLANEOUS PROVISIONS › § 1962d–11a

Last updated Apr 6, 2026|Official source

Summary

Allows the Washington Suburban Sanitary Commission to build a water diversion structure from its Potomac River filtration plant to the north shore of Watkins Island. The top of the structure must not be higher than 159 feet above sea level. The structure cannot be built until the Secretary of the Army, acting through the Chief of Engineers, and the State of Maryland, the Commonwealth of Virginia, the Washington Suburban Sanitary Commission, and any other needed government parties sign a written agreement that gives an enforceable schedule for how water withdrawals will be shared during low river flows for the stretch of the Potomac between Little Falls Dam and the upstream limit of the pool behind the Chesapeake and Ohio Canal Company rubble dam at Seneca, Maryland. The Secretary of the Army, through the Chief of Engineers, may enter into that agreement and make changes to it. Unless the agreement says otherwise, nothing here changes the water rights or other authority that Maryland, its local governments, Virginia, its local governments, the District of Columbia, or the Corps of Engineers had on October 22, 1976.

Full Legal Text

Title 42, §1962d–11a

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)Subject to paragraph (2) of this subsection, the consent of Congress is granted under section 401 of title 33 to the Washington Suburban Sanitary Commission to construct a water diversion structure, with an elevation not to exceed one hundred and fifty-nine feet above sea level, from the north shore of the Potomac River at the Washington Suburban Sanitary Commission water filtration plant to the north shore of Watkins Island.
(2)The structure authorized by paragraph (1) of this subsection, may not be constructed until the Secretary of the Army, acting through the Chief of Engineers, and the State of Maryland, the Commonwealth of Virginia, the Washington Suburban Sanitary Commission, and such other governmental authorities as the Secretary of the Army, the State of Maryland, and the Commonwealth of Virginia deem desirable signatories enter into a written agreement providing an enforceable schedule for allocation among the parties to such agreement for the withdrawal of the waters of that portion of the Potomac River located between Little Falls Dam and the farthest upstream limit of the pool of water behind the Chesapeake and Ohio Canal Company rubble dam at Seneca, Maryland, during periods of low flow of such portion of such river.
(b)The Secretary of the Army, acting through the Chief of Engineers, is authorized to enter into the agreement referred to in subsection (a)(2) of this section and any amendment to or revision of such agreement.
(c)Except as may be provided in the agreement referred to in subsection (a)(2) of this section, nothing in this section shall alter any riparian rights or other authority of the State of Maryland, or any political subdivision thereof, the Commonwealth of Virginia, or any political subdivision thereof, or the District of Columbia, or authority of the Corps of Engineers existing on October 22, 1976, relative to the appropriation of water from, or the use of, the Potomac River.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 1976, and not as part of the Water Resources Planning Act which comprises this chapter.

Amendments

1980—Subsec. (a)(2). Pub. L. 96–292 struck out cl. “(A)” designation and cl. (B) which prohibited

Construction

of the Potomac River water diversion structure should such structure be in conflict with the report of the Secretary of the Army, acting through the Chief of Engineers, issued in connection with a study of water resources development.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1962d–11a

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73