Title 33, Navigation and Navigable WatersRelease 119-102
§709 Regulations for Use of Storage Waters; Application to Tennessee Valley Authority
Title 33 › CHAPTER 15 — FLOOD CONTROL › § 709
Summary
After December 22, 1944, the Secretary of the Army must set rules about using and operating reservoirs built with federal funds for flood control or navigation; TVA is exempt unless floods threaten the Lower Ohio or Mississippi, when it must follow Army orders to release Tennessee River water into Ohio.
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July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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 Section as Unaffected by Submerged Lands ActProvisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands.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
Aug 21, 2026
Release point: 119-102