U.S. Code » Title 33 » Chapter CHAPTER 15— FLOOD CONTROL

33 U.S.C. § 709

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

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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.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1980–2023 · leading case: Oahe Conservancy Sub-Dist. v. Alexander, 493 F. Supp. 1294 (D.S.D. 1980).
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Oahe Conservancy Sub-Dist. v. Alexander, 493 F. Supp. 1294 (D.S.D. 1980). · cites it 7× “The Court determines, however, that defendants have violated 33 U.S.C. § 709 in failing to publish general regulations for the Pipestem Dam, and in that respect only, judgment will be entered for plaintiffs.”
EEE Minerals, LLC v. State of North Dakota, 81 F.4th 809 (8th Cir. 2023). “78-534, § 3 , 58 Stat. 887 , 889 (1944); 33 U.S.C. § 701c-1.”
Am. Rivers v. United States Army Corps of Engineers, 271 F. Supp. 2d 230 (D.D.C. 2003). “” 33 U.S.C. § 709 . Thus, it is clear that the FCA does not deprive the Corps of all discretion in its management of the Missouri River Basin.”
ETSI Pipeline Proj. v. Missouri, 484 U.S. 495 (1988). “See 33 U. S. C. §709 (1946 ed.). (5) “Hereafter, whenever the Secretary of War determines, upon recommendation by the Secretary of the Interior that any dam or reservoir project operated under the direction of the Secretary of War may be utilized for irrigation purposes, the…”
Gasser v. United States, 14 Cl. Ct. 476 (Ct. Cl. 1988). “887 , 890-91 (codified as amended at 33 U.S.C. § 709 (1982)). The regulations require that on August 1 of a given year, there must be 1.”
South Dakota v. Hazen, 914 F.2d 147 (8th Cir. 1990). “” 33 U.S.C. § 709 (1988). The Secretary's regulations provided that “[wjater control plans developed for specific projects and reservoir systems will be clearly documented in appropriate water control manuals.”
State of Alabama v. U.S. Army Corps of Engineers (D.D.C. 2023). · cites it 6× “3d at 1328; see also 33 U.S.C. § 709 (“[I]t 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 .”
State of SD v. MO-ARK Ass'n, 330 F.3d 1014 (8th Cir. 2003). “§ 460d, making contracts for use of surplus water available at the reservoirs, 33 U.S.C. § 708 , and “prescribing] regulations for the use of storage allocated for flood control or navigation at all reservoirs .”
Usaf v. Flra (D.C. Cir. 2016). “2d at 1401 (quoting 33 U.S.C. § 709 (g)(2) (1988) (emphasis omitted)); see, e.”
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