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U.S. Code as of:
01/19/04
Section 390. Utilization of dams and reservoir projects for irrigation purposes; additional construction; necessity of authorization; apportionment of cost; limitation
On and after December 22, 1944, whenever the Secretary of the
Army determines, upon recommendation by the Secretary of the
Interior that any dam and reservoir project operated under the
direction of the Secretary of the Army may be utilized for
irrigation purposes, the Secretary of the Interior is authorized to
construct, operate, and maintain, under the provisions of the
Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and
Acts amendatory thereof or supplementary thereto), such additional
works in connection therewith as he may deem necessary for
irrigation purposes. Such irrigation works may be undertaken only
after a report and findings thereon have been made by the Secretary
of the Interior as provided in said Federal reclamation laws and
after subsequent specific authorization of the Congress by an
authorization Act; and, within the limits of the water users'
repayment ability such report may be predicated on the allocation
to irrigation of an appropriate portion of the cost of structures
and facilities used for irrigation and other purposes. Dams and
reservoirs operated under the direction of the Secretary of the
Army may be utilized after December 22, 1944, for irrigation
purposes only in conformity with the provisions of this section,
but the foregoing requirement shall not prejudice lawful uses now
existing: Provided, That this section shall not apply to any dam or
reservoir heretofore constructed in whole or in part by the Army
engineers, which provides conservation storage of water for
irrigation purposes. In the case of any reservoir project
constructed and operated by the Corps of Engineers, the Secretary
of the Army is authorized to allocate water which was allocated in
the project purpose for municipal and industrial water supply and
which is not under contract for delivery, for such periods as he
may deem reasonable, for the interim use for irrigation purposes of
such storage until such storage is required for municipal and
industrial water supply. No contracts for the interim use of such
storage shall be entered into which would significantly affect
then-existing uses of such storage.
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