Title 33, Navigation and Navigable WatersRelease 119-110

§2333 Irrigation Diversion Protection and Fisheries Enhancement Assistance

Title 33 › CHAPTER 36 — WATER RESOURCES DEVELOPMENT › SUBCHAPTER V — GENERAL PROVISIONS › § 2333

Last updated Sep 22, 2026|Official source

Summary

The Secretary may help non-Federal groups with technical planning, design, and site studies to make and test fish screens, fish passage devices, and other fixes that stop young and adult fish from getting into irrigation systems. These efforts must be done with Federal and State resource agencies and must not stop farmers or others from taking water for irrigation. Projects get priority if they help endangered species, are cost-effective, and are likely to cut fish deaths. Non-Federal partners must pay 50 percent of the cost. No more than 50 percent of that local share can be services, materials, or other in-kind help. No construction work is allowed under this authority. The Secretary must report to Congress within 2 years after August 17, 1999, on fish deaths from irrigation intakes, ways to reduce them, how much these methods are used in arid States, construction costs, and what Federal role, if any, is appropriate.

Full Legal Text

Title 33, §2333

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)In general
The Secretary may provide technical planning and design assistance to non-Federal interests and may conduct other site-specific studies to formulate and evaluate fish screens, fish passages devices, and other measures to decrease the incidence of juvenile and adult fish inadvertently entering irrigation systems.
(b)Cooperation
Measures under subsection (a)—
(1)shall be developed in cooperation with Federal and State resource agencies; and
(2)shall not impair the continued withdrawal of water for irrigation purposes.
(c)Priority
In providing assistance under subsection (a), the Secretary shall give priority based on—
(1)the objectives of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(2)cost-effectiveness; and
(3)the potential for reducing fish mortality.
(d)Non-Federal share
(1)In general
The non-Federal share of the cost of measures under subsection (a) shall be 50 percent.
(2)In-kind contributions
Not more than 50 percent of the non-Federal contribution may be made through the provision of services, materials, supplies, or other in-kind contributions.
(e)No construction activity
This section does not authorize any construction activity.
(f)Report
Not later than 2 years after August 17, 1999, the Secretary shall submit to Congress a report on—
(1)fish mortality caused by irrigation water intake devices;
(2)appropriate measures to reduce fish mortality;
(3)the extent to which those measures are currently being employed in arid States;
(4)the construction costs associated with those measures; and
(5)the appropriate Federal role, if any, to encourage the use of those measures.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Endangered Species Act of 1973, referred to in subsec. (c)(1), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see

Short Title

note set out under section 1531 of Title 16 and Tables. Codification Section was enacted as part of the Water Resources Development Act of 1999, 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 2 of Pub. L. 106–53, set out as a note under section 2201 of this title.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2333

Title 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110