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Title 33 — Navigation and Navigable Waters

Chapter 36 — Water Resources Development

§ 2324. Reduced pricing for certain water supply storage

Statutory text

(a)

Provision of storage space

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)

Maximum amount of storage space

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)

Price

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)

Determinations

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)

Inflation adjustment of dollar amount

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)

Non-Federal responsibilities

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)

“Low income community” defined

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Water Resources Development Act of 1990

    Pub. L. 101–640 title III § 322 · 104 Stat. 4604

    Enacted · 33 U.S.C. § 2324

    Pub. L. 101–640, title III, § 322, Nov. 28, 1990, 104 Stat. 4643

    Source evidence

    Code source credit
    Pub. L. 101–640, title III, § 322, Nov. 28, 1990, 104 Stat. 4643

    Enacted provision · exact public law section
    SEC. 322. REDUCED PRICING FOR CERTAIN WATER SUPPLY STORAGE. (a) Provision of Storage Space.— 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) Maximum Amount of Storage Space.— 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 2,000,000 gallons of water per day. (c) Price.— 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) Determinations.— 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) Inflation Adjustment of Dollar Amount.— 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) Non-Federal Responsibilities.— 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) Low Income Community Defined.— The term “low income community” means 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.

  2. Water Resources Development Act of 2020

    Pub. L. 116–260 § 350(1) · 134 Stat. 1182

    Substituted · 33 U.S.C. § 2324(b)

    Pub. L. 116–260, § 350(1), substituted “3,000,000” for “2,000,000”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 116–260, § 350(1), substituted “3,000,000” for “2,000,000”.

    Enacted provision · exact public law section
    (1) in subsection (b), by striking “2,000,000” and inserting “3,000,000”; and

  3. Water Resources Development Act of 2020

    Pub. L. 116–260 § 350(2) · 134 Stat. 1182

    1. Substituted · 33 U.S.C. § 2324(g)

      Pub. L. 116–260, § 350(2), substituted “means—” for “means”

    2. Inserted · 33 U.S.C. § 2324(g)

      Pub. L. 116–260, § 350(2), inserted par. (1) designation before “a community”

    3. Substituted · 33 U.S.C. § 2324(g)

      Pub. L. 116–260, § 350(2), substituted “; or” for period at end

    4. Added · 33 U.S.C. § 2324(g)

      Pub. L. 116–260, § 350(2), added par. (2)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (2) in subsection (g)— (A) by striking the period at the end and inserting “; or”; (B) by striking “means a community” and inserting the following: “means— “(1) a community” ; and (C) by adding at the end the following: “(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.” .

6 of 6 references resolved to an enrolled provision

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.

Credits

1990–2020 · 2 acts
  1. 1990Pub. L. 101–640, title III, § 322, , 104 Stat. 4643
  2. 2020Pub. L. 116–260, div. AA, title III, § 350, , 134 Stat. 2716.
Show as published

(Pub. L. 101–640, title III, § 322, , 104 Stat. 4643; Pub. L. 116–260, div. AA, title III, § 350, , 134 Stat. 2716.)

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USLM identifier /us/usc/t33/s2324