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Title 33, Navigation and Navigable WatersRelease 119-73not60

§702j–2 White River Levee District; Rights-of-way; Drainage Facilities; Flowage Rights; Acquisition by Local Authorities; Protection of United States From Liability for Damages

Title 33 › Chapter 15— FLOOD CONTROL › § 702j–2

Last updated Apr 5, 2026|Official source

Summary

The Chief of Engineers, under the Secretary of the Army, must build a system of levees paid for by the United States. The work should follow the general plan shown on map sheet numbered 1 in the report dated April 2, 1925, filed with the First and Second Mississippi River Commission Districts in Memphis, Tennessee. The Chief may change levee grades and sections as needed. No work can start until the State, levee boards, or other local authorities give assurances acceptable to the Secretary that they will provide at no cost all needed rights of way and drainage, acquire at no cost any flooding or storage rights and easements if the protected area must be used as an emergency reservoir, and protect the United States from liability for any damages from such emergency use.

Full Legal Text

Title 33, §702j–2

Navigation and Navigable Waters, Source: USLM XML via OLRC

The Chief of Engineers, under the supervision of the Secretary of the Army, shall at the expense of the United States Government construct a system of levees substantially in accordance with general plan shown on map designated as sheet numbered 1 entitled “Tributary Levee Location Survey—White River Levee District—Proposed Levee Location” accompanying report dated April 2, 1925, and filed in office of First and Second Mississippi River Commission Districts, Memphis, Tennessee. The Chief of Engineers shall have the right to alter, change, or modify said plan as to the grades and levee sections: Provided, however, That no work shall be commenced on the above-mentioned project until the State, levee boards, or other responsible local interests have given assurances satisfactory to the Secretary of the Army that they will (a) provide without cost to the United States all rights-of-way necessary for the construction of said project; (b) provide drainage facilities made necessary by construction of levees; (c) acquire and provide without cost to the United States all flowage and storage rights and easements over, upon, and across the lands and properties within the protected area in the event it becomes necessary in the judgment and discretion of the Secretary of the Army or the Chief of Engineers to use said area, or any part thereof, for an emergency reservoir; (d) hold and save the United States free from liability for damages on account of the use of said area for reservoir purposes during said emergency.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act
July 26, 1947, ch. 343, title II, 61 Stat. 501. section 205(a) of act
July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

Reference

Citations & Metadata

Citation

33 U.S.C. § 702j–2

Title 33, Navigation and Navigable Waters

Last Updated

Apr 5, 2026

Release point: 119-73not60