33 U.S.C. § 709 — Regulations for use of storage waters; application to Tennessee Valley Authority

FEDERAL · 33 U.S.C. · Chapter 15

Regulations for use of storage waters; application to Tennessee Valley Authority

33 U.S.C. § 709

Title33 — Navigation and Navigable Waters

Chapter15 — FLOOD CONTROL

This text of 33 U.S.C. § 709 (Regulations for use of storage waters; application to Tennessee Valley Authority) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

33 U.S.C. § 709.

Text

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.

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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.

STATE OF SOUTH DAKOTA, AND WILLIAM J. JANKLOW, GOVERNOR v. LT. COLONEL KURT F. UBBELOHDE, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, MO-ARK ASSOCIATION, FORMERLY KNOWN AS MISSOURI-ARKANSAS RIVER BASINS ASSOCIATION, MOVANT — STATE OF SOUTH DAKOTA, AND WILLIAM J. JANKLOW, GOVERNOR, — v. LT. COLONEL KURT F. UBBELOHDE, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, ERGON ASPHALT AND EMULSIONS, INC. MAGNOLIA MARINE TRANSPORT COMPANY BLASKE MARINE, INC. KOCH MATERIALS COMPANY MID-WEST TERMINAL WAREHOUSE COMPANY, INC. TOSCO, a SUBSIDIARY OF PHILLIPS 66 COMPANY JEBRO, INCORPORATED, AND MEMCO BARGE LINE, INC., MOVANTS — STATE OF SOUTH DAKOTA, AND WILLIAM J. JANKLOW, GOVERNOR, — v. LT. COLONEL KURT F. UBBELOHDE, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, STATE OF NEBRASKA, MOVANT — STATE OF SOUTH DAKOTA, AND WILLIAM J. JANKLOW, GOVERNOR, — v. LT. COLONEL KURT F. UBBELOHDE, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, — STATE OF NEBRASKA, ALSO KNOWN AS DON STENBERG, ATTORNEY GENERAL OF THE STATE OF NEBRASKA, EX REL., — v. STATE OF MISSOURI, INTERVENER BELOW — INTERVENER ON APPEAL, KURT F. UBBELOHDE, LT. COLONEL, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, — STATE OF IOWA, AMICUS ON BEHALF OF STATE OF NORTH DAKOTA, AND JOHN HOEVEN, GOVERNOR, — v. LT. COLONEL KURT F. UBBELOHDE, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, — STATE OF MISSOURI, INTERVENER ON APPEAL

330 F.3d 1014 (Eighth Circuit, 2003)

66 case citations

American Rivers v. United States Army Corps of Engineers

271 F. Supp. 2d 230 (District of Columbia, 2003)

41 case citations

South Dakota v. Hazen

914 F.2d 147 (Eighth Circuit, 1990)

26 case citations

EEE Minerals, LLC v. State of North Dakota

81 F.4th 809 (Eighth Circuit, 2023)

15 case citations

Oahe Conservancy Sub-District v. Alexander

493 F. Supp. 1294 (D. South Dakota, 1980)

5 case citations

Gasser v. United States

14 Cl. Ct. 476 (Court of Claims, 1988)

5 case citations

State of SD v. MO-ARK Association

330 F.3d 1014 (Eighth Circuit, 2003)

1 case citations

USAF v. FLRA

(D.C. Circuit, 2016)

State of Alabama v. U.S. Army Corps of Engineers

(District of Columbia, 2023)

Source Credit

History

(Dec. 22, 1944, ch. 665, §7, 58 Stat. 890; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Editorial Notes

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 Act
Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands.

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Bluebook (online)

33 U.S.C. § 709, Counsel Stack Legal Research, https://law.counselstack.com/usc/33/709.