10 U.S.C. § 2866: Water conservation at…

§2866 Water Conservation at Military Installations

Title 10 › Subtitle A — General Military Law › PART IV — SERVICE, SUPPLY, AND PROPERTY › CHAPTER 169 — MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › SUBCHAPTER III — ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › § 2866

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Defense must allow and encourage the military services and Defense agencies to join utility programs that manage water use or save water. The Secretary can let an installation accept money, bill reductions, goods, or services from a utility to install water-saving tech or change how water is used, if those steps are cost effective for the federal government. The Secretary can also let a military department make deals with a utility to design and run a cost-effective water program for an installation. Those programs can include water management services, changing a building, or installing and keeping water-saving devices. If a utility pays upfront for a program and the United States repays that amount, the repayment terms must be no worse than the utility’s best customer. Repayment depends on available appropriations and comes from funds for buying utility services. Ownership of installed water-saving devices will belong to the United States at a time chosen as best for the United States. Money or savings from these deals must be handled as follows. Financial incentives from utilities go into an appropriation chosen by the Secretary of Defense and are used the same way and for the same time as that appropriation. Water cost savings are split in half: one-half is used for water conservation activities at buildings or installations selected by the department or agency that saved the water, under rules from the Secretary of Defense; the other half stays at the installation where the savings happened and can be used, as the commanding officer decides, for improvements to military family housing, small construction projects that improve quality of life, or morale, welfare, and recreation facilities or services. The Secretary of Defense may also start new military construction projects for water conservation using available water-conservation funds, but must notify the relevant congressional committees and wait 14 days after they get an electronic notice before starting.

Title 10, §2866

Armed Forces, Source: USLM XML via OLRC

(a)Water Conservation Activities.—

(1)The Secretary of Defense shall permit and encourage each military department, Defense Agency, and other instrumentality of the Department of Defense to participate in programs conducted by a utility for the management of water demand or for water conservation.

(2)The Secretary of Defense may authorize a military installation to accept a financial incentive (including an agreement to reduce the amount of a future water bill), goods, or services generally available from a utility, for the purpose of adopting technologies and practices that—

(A)relate to the management of water demand or to water conservation; and

(B)as determined by the Secretary, are cost effective for the Federal Government.

(3)Subject to paragraph (4), the Secretary of Defense may authorize the Secretary of a military department having jurisdiction over a military installation to enter into an agreement with a utility to design and implement a cost-effective program that provides incentives for the management of water demand and for water conservation and that addresses the requirements and circumstances of the installation. Activities under the program may include the provision of water management services, the alteration of a facility, and the installation and maintenance by the utility of a water-saving device or technology.

(4)(A)If an agreement under paragraph (3) provides for a utility to pay in advance the financing costs for the design or implementation of a program referred to in that paragraph and for such advance payment to be repaid by the United States, the cost of such advance payment may be recovered by the utility under terms that are not less favorable than the terms applicable to the most favored customer of the utility.

(B)Subject to the availability of appropriations, a repayment of an advance payment under subparagraph (A) shall be made from funds available to a military department for the purchase of utility services.

(C)An agreement under paragraph (3) shall provide that title to a water-saving device or technology installed at a military installation pursuant to the agreement shall vest in the United States. Such title may vest at such time during the term of the agreement, or upon expiration of the agreement, as determined to be in the best interests of the United States.

(b)Use of Financial Incentives and Water Cost Savings.—

(1)Financial incentives received from utilities for management of water demand or water conservation under subsection (a)(2) shall be credited to an appropriation designated by the Secretary of Defense. Amounts so credited shall be merged with the appropriation to which credited and shall be available for the same purposes and the same period as the appropriation with which merged.

(2)Water cost savings realized under subsection (a)(3) shall be used as follows:

(A)One-half of the amount shall be used for water conservation activities at such buildings, facilities, or installations of the Department of Defense as may be designated (in accordance with regulations prescribed by the Secretary of Defense) by the head of the department, agency, or instrumentality that realized the water cost savings.

(B)One-half of the amount shall be used at the installation at which the savings were realized, as determined by the commanding officer of such installation consistent with applicable law and regulations, for—

(i)improvements to existing military family housing units;

(ii)any unspecified minor construction project that will enhance the quality of life of personnel; or

(iii)any morale, welfare, or recreation facility or service.

(c)Water Conservation Construction Projects.—

(1)The Secretary of Defense may carry out a military construction project for water conservation, not previously authorized, using funds appropriated or otherwise made available to the Secretary for water conservation.

(2)When a decision is made to carry out a project under paragraph (1), the Secretary of Defense shall notify the appropriate committees of Congress of that decision. Such project may be carried out only after the end of the 14-day period beginning on the date the notification is received by such committees in an electronic medium pursuant to section 480 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2017—Subsec. (b)(3). Pub. L. 115–91, § 1051(a)(24), struck out par. (3) which read as follows: “The Secretary of Defense shall include in the budget material submitted to Congress in connection with the submission of the budget for a fiscal year pursuant to section 1105 of title 31 a separate statement of the amounts available for obligation under this subsection in that fiscal year.” Subsec. (c)(2). Pub. L. 115–91, § 2801(c)(5), substituted “14-day period” for “21-day period” and struck out “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided” after “received by such committees”. 2014—Subsec. (a)(4)(A). Pub. L. 113–291 substituted “repaid” for “repayed”. 2006—Subsec. (b). Pub. L. 109–364 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “(1) Financial incentives received under subsection (a)(2) shall be used as provided in section 2865(b)(3) of this title. “(2) Water cost savings realized under subsection (a)(3) shall be used as provided in section 2865(b)(2) of this title.” 2003—Subsec. (c)(2). Pub. L. 108–136 inserted before period at end “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title”. 1997—Subsec. (b). Pub. L. 105–85 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “(b) Use of Water Cost Savings.—Water cost savings realized under this section shall be used as provided in section 2865(b)(2) of this title.” 1996—Subsec. (c)(2). Pub. L. 104–106 substituted “appropriate committees of Congress” for “Committees on Armed Services and Appropriations of the Senate and House of Representatives”.

Statutory Notes and Related Subsidiaries

Improving Water Management and Security on Military Installations Pub. L. 116–283, div. B, title XXVIII, § 2827, Jan. 1, 2021, 134 Stat. 4336, which related to adoption of a risk-based approach to water management and security for military installations, was repealed by Pub. L. 119–60, div. B, title XXVIII, § 2804(b), Dec. 18, 2025, 139 Stat. 1297. See section 2866a of this title. Establishment of Targets for Water Use Pub. L. 116–92, div. A, title III, § 319(c), Dec. 20, 2019, 133 Stat. 1306, provided that: “The Secretary of Defense shall, where life-cycle cost-effective, improve water use efficiency and management by the Department of Defense, including storm water management, by— “(1) installing water meters and collecting and using water balance data of buildings and facilities to improve water conservation and management; “(2) reducing industrial, landscaping, and agricultural water consumption in gallons by two percent annually through fiscal year 2030 relative to a baseline of such consumption by the Department in fiscal year 2010; and “(3) installing appropriate sustainable infrastructure features on installations of the Department to help with storm water and wastewater management.”