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Title 33 — Navigation and Navigable WatersRelease 119-73not60

§709 Regulations for Use of Storage Waters; Application to Tennessee Valley Authority

Title 33 › Chapter 15— FLOOD CONTROL › § 709

Last updated Apr 5, 2026|Official source

Summary

Starting December 22, 1944, the Secretary of the Army must make rules for how reservoir storage set aside for flood control or navigation is used at any reservoir built wholly or partly with federal money for those purposes. Those projects must be operated under those rules. The rule does not apply to the Tennessee Valley Authority, except if floods threaten the Lower Ohio and the Mississippi Rivers. In that situation, the TVA must control releases from the Tennessee River into the Ohio River following instructions from the Department of the Army.

Full Legal Text

Title 33, §709

Navigation and Navigable Waters — Source: USLM XML via OLRC

On and after December 22, 1944, it shall be the duty of the Secretary of the Army to prescribe regulations for the use of storage allocated for flood control or navigation at all reservoirs constructed wholly or in part with Federal funds provided on the basis of such purposes, and the operation of any such project shall be in accordance with such regulations: Provided, That this section shall not apply to the Tennessee Valley Authority, except that in case of danger from floods on the Lower Ohio and Mississippi Rivers the Tennessee Valley Authority is directed to regulate the release of water from the Tennessee River into the Ohio River in accordance with such instructions as may be issued by the Department of the Army.

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July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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. Section as Unaffected by Submerged Lands ActProvisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands.

Reference

Citations & Metadata

Citation

33 U.S.C. § 709

Title 33 — Navigation and Navigable Waters

Last Updated

Apr 5, 2026

Release point: 119-73not60