§2324 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary may give water supply storage in a federal water project to a low-income community if the community asks and the space is available or can be made available by reallocating space or changing how the project is run. The amount cannot be more than enough to yield 3,000,000 gallons of water per day. The price must be the higher of two amounts: (1) either the updated construction cost allocated to that storage or $100 per acre-foot, whichever is smaller, and (2) the value of benefits lost by providing that storage. Updated costs and lost-benefit values must use the most recent information. The $100 figure is adjusted each year by the Consumer Price Index for All Urban Consumers. Non-Federal parties still must pay any operation and maintenance costs assigned to the storage. A “low income community” means either a town under 20,000 people in a county with per-capita income below two-thirds of U.S. counties, or a regional water system serving under 100,000 people with per-capita income below at least 50% of counties.

Title 33, §2324

Navigation and Navigable Waters — Source: USLM XML via OLRC

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

(1)the updated construction cost of the project allocated to provide such amount of water supply storage space or $100 per acre foot of storage space, whichever is less; and

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

(d)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)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)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)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