33 U.S.C. § 2324: Reduced pricing for certain…

Summary

The Secretary can give a low-income community water storage space in a federal water project if that space is available or can be freed up by changing how the project is run. The amount cannot be more than enough to deliver 3,000,000 gallons of water per day. The price charged must be the higher of two things: (1) either the project’s updated construction cost for that storage or $100 per acre-foot (whichever of those two is smaller), and (2) the value of benefits lost by using that storage. The Secretary must use the most recent data to set costs and values. The $100 figure is adjusted each year for inflation using the Consumer Price Index. Local or regional governments still must pay any operation and maintenance costs assigned to the storage. A low-income community is either a place with fewer than 20,000 people in a county whose per-person income is below that of two-thirds of U.S. counties, or a regional water system serving fewer than 100,000 people with per-person income below at least half of U.S. counties.

Title 33, §2324

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Provision of storage space

If a low income community requests the Secretary to provide water supply storage space in a water resources development project operated by the Secretary and if the amount of space requested is available or could be made available through reallocation of water supply storage space in the project or through modifications to operation of the project, the Secretary may provide such space to the community at a price determined under subsection (c).

(b)Maximum amount of storage space

The maximum amount of water supply storage space which may be provided to a community under this section may not exceed an amount of water supply storage space sufficient to yield 3,000,000 gallons of water per day.

(c)Price

The Secretary shall provide water supply storage space under this section at a price which is the greater of— (1)

(2)the value of the benefits which are lost as a result of providing such water supply storage space.

(d)Determinations

For purposes of subsection (c), the determinations of updated construction costs and value of benefits lost shall be made by the Secretary on the basis of the most recent information available.

(e)Inflation adjustment of dollar amount

The $100 amount set forth in subsection (c) shall be adjusted annually by the Secretary for changes in the Consumer Price Index of All Urban Consumers published by the Bureau of Labor Statistics.

(f)Non-Federal responsibilities

Nothing in this section shall be construed as affecting the responsibility of non-Federal interests to provide operation and maintenance costs assigned to water supply storage provided under this section.

(g)“Low income community” defined

The term “low income community” means—

(1)a community with a population of less than 20,000 which is located in a county with a per capita income less than the per capita income of two-thirds of the counties in the United States; or

(2)a regional water system that serves a population of less than 100,000, for which the per capita income is less than the per capita income of not less than 50 percent of the counties in the United States.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2020—Subsec. (b). Pub. L. 116–260, § 350(1), substituted “3,000,000” for “2,000,000”. Subsec. (g). Pub. L. 116–260, § 350(2), substituted “means—” for “means”, inserted par. (1) designation before “a community”, substituted “; or” for period at end, and added par. (2).

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 101–640, set out as a note under section 2201 of this title.

§2324 Reduced Pricing for Certain Water Supply Storage