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Title 33, Navigation and Navigable WatersRelease 119-110

§2281d Declaration of Policy

Title 33 › CHAPTER 36 — WATER RESOURCES DEVELOPMENT › SUBCHAPTER V — GENERAL PROVISIONS › § 2281d

Last updated Sep 22, 2026|Official source

Summary

Requires the Corps of Engineers to make the most of opportunities to provide water supply, save water, and build drought resilience when operating water projects. Under section 390b of title 43, the Corps must work with States and local groups to help develop water for homes, towns, industry, and other uses tied to those projects. The Corps must also coordinate with non-Federal partners so conservation and drought measures match a project's purposes. Nothing here changes a State’s control of its water, any water right or written federal or supply agreement in effect on January 4, 2025, a project’s authorized purposes, existing Corps powers or missions, state water laws, or interstate compacts.

Full Legal Text

Title 33, §2281d

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)In general
It is the policy of the United States for the Corps of Engineers, consistent with applicable statutory authorities—
(1)to maximize opportunities for water supply, water conservation measures, and drought resiliency efforts at and in the operation of water resources development projects;
(2)in accordance with section 390b of title 43, to participate and cooperate with States and local interests in developing water supplies for domestic, municipal, industrial, and other purposes in authorized connection with the construction, maintenance, and operation of water resources development projects; and
(3)in coordination with non-Federal interests, to enable the adoption of water conservation measures and drought resiliency measures that are in alignment with the authorized purposes of water resources development projects.
(b)Full consideration
In support of subsection (a), the Secretary shall give full consideration to requests and proposals from non-Federal interests to utilize the authorities of the Corps of Engineers in furtherance of water supply features, water conservation measures, and drought resiliency efforts that are in alignment the authorized purposes of water resources development projects.
(c)Limitation
Nothing in this section
(1)
(2)preempts or affects any State water law or interstate compact governing water;
(3)diminishes the other priorities and the primary or secondary missions of the Corps of Engineers; or
(4)shall be interpreted to supersede or modify any written agreement between the Federal Government and a non-Federal interest that is in effect on January 4, 2025.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Grace F. Napolitano Priority for Water Supply, Water Conservation, and Drought Resiliency Act of 2024 and also as part of the Water Resources Development Act of 2024 and the Thomas R. Carper Water Resources Development Act of 2024, 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 1002 of div. A of Pub. L. 118–272, set out as a note under section 2201 of this title.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2281d

Title 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110