§5912 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Water Resources Council must study how much water new nonnuclear energy technologies would need and whether enough water is available. When doing these studies, the Council must use data already held by its member agencies when it can, collect any extra facts it needs, consider legal limits on water (like treaties, compacts, court orders, state laws, and water rights), check effects on water quality, estimate costs to supply and manage water and to dispose of wastewater, study environmental, social, and economic impacts of changing existing water uses, and talk with the Council on Environmental Quality. Before the federal government funds a demonstration project that could greatly affect water, the Secretary must ask for a Council assessment, and that report must appear in the Federal Register at least thirty days before federal funds are spent. Before federal help for commercial use, the Council must give the Secretary an assessment of water availability and its impacts. All such reports must be published in the Federal Register and be open for at least ninety days for public comment; comments must go with the reports to the Secretary and be public. The Council must also include a broad regional and national water survey in its biennial assessment. The Secretary became a Council member when this change was enacted.

Title 42, §5912

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

(a)The Water Resources Council shall undertake assessments of water resource requirements and water supply availability for any nonnuclear energy technology and any probable combinations of technologies which are the subject of Federal research and development efforts authorized by this chapter, and the commercial development of which could have significant impacts on water resources. In the preparation of its assessment, the Council shall—

(1)utilize to the maximum extent practicable data on water supply and demand available in the files of member agencies of the Council;

(2)collect and compile any additional data it deems necessary for complete and accurate assessments;

(3)give full consideration to the constraints upon availability imposed by treaty, compact, court decree, State water laws, and water rights granted pursuant to State and Federal law;

(4)assess the effects of development of such technology on water quality;

(5)include estimates of cost associated with production and management of the required water supply, and the cost of disposal of waste water generated by the proposed facility or process;

(6)assess the environmental, social, and economic impact of any change in use of currently utilized water resource that may be required by the proposed facility or process; and

(7)consult with the Council on Environmental Quality.

(b)For any proposed demonstration project which may involve a significant impact on water resources, the Secretary shall, as a precondition of Federal assistance to that project, request the Water Resources Council to prepare an assessment of water requirements and availability for such project. A report on the assessment shall be published in the Federal Register for public review thirty days prior to the expenditure of Federal funds on the demonstration.

(c)For any proposed Federal assistance for commercial application of energy technologies pursuant to this chapter, the Water Resource 11 So in original. Probably should be “Resources”. Council shall, as a precondition of such Federal assistance, provide to the Secretary an assessment of the availability of adequate water resources for such commercial application and an evaluation of the environmental, social, and economic impacts of the dedication of water to such uses.

(d)Reports of assessments and evaluations prepared by the Council pursuant to subsections (a) and (c) shall be published in the Federal Register and at least ninety days shall be provided for public review and comment. Comments received shall accompany the reports when they are submitted to the Secretary and shall be available to the public.

(e)The Council shall include a broad survey and analysis of regional and national water resource availability for energy development in the biennial assessment required by section 1962a–1(a) of this title.

(f)The Secretary shall, upon enactment of this subsection, be a member of the Council.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2005—Subsecs. (b) to (d), (f). Pub. L. 109–58 substituted “Secretary” for “Administrator”. 1977—Subsec. (a). Pub. L. 95–39, § 110(1), substituted “The Water Resources Council” for “At the request of the Administrator, the Water Resources Council”. Subsec. (b). Pub. L. 95–39, § 110(2), substituted “the Administrator shall, as a precondition of Federal assistance to that project, request the Water Resources Council to prepare an assessment of water requirements and availability for such project” for “the Administrator shall, as a precondition of Federal assistance to that project, prepare or have prepared an assessment of the availability of adequate water resources”. Subsec. (f). Pub. L. 95–39, § 110(3), added subsec. (f).

Executive Documents

Transfer of Functions

Functions of Council on Environmental Quality and Office of Environmental Quality relating to evaluation provided for by section 5910 of this title transferred to Administrator of Environmental Protection Agency by Reorg. Plan No. 1 of 1977, § 5E, 42 F.R. 56101, 91 Stat. 1634, set out in the Appendix to Title 5, Government Organization and Employees, effective Feb. 26, 1978, pursuant to Ex. Ord. No. 12040, Feb. 24, 1978, 43 F.R. 8097, formerly set out under section 5910 of this title.

§5912 Water resource assessments