43 U.S.C. § 390e

Rights, acquisition and availability of; obligation for operation and maintenance; costs for reconstruction, rehabilitation, or replacement; use during Government operation or by contract

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The right thus acquired by any such local interest is declared to be available to the local interest so long as the space designated for that purpose may be physically available, taking into account such equitable reallocation of reservoir storage capacities among the purposes served by the project as may be necessary due to sedimentation, and not limited to the term of years which may be prescribed in any lease agreement or other agreement with the Government, but the enjoyment of such right will remain subject to performance of its obligations prescribed in such lease agreement or agreement executed in reference thereto. Such obligations will include continued payment of annual operation and maintenance costs allocated to water supply. In addition, local interests shall bear the costs allocated to the water supply of any necessary reconstruction, rehabilitation, or replacement of project features which may be required to continue satisfactory operation of the project. Any affected local interest may utilize such facility so long as it is operated by the Government. In the event that the Government concludes that it can no longer usefully and economically maintain and operate such facility, the responsible department or agency of the Government is authorized to negotiate a contract with the affected local interest under which the local interest may continue to operate such part of the facility as is necessary for utilization of the storage space allocated to it, under terms which will protect the public interest and provided that the Government is effectively absolved from all liability in connection with such operation.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1984–2021 · leading case: League of Women Voters of Tulsa, Inc. v. United States Corps of Engineers, 730 F.2d 579 (10th Cir. 1984).
League of Women Voters of Tulsa, Inc. v. United States Corps of Engineers, 730 F.2d 579 (10th Cir. 1984). “” (43 U.S.C. § 390e) The changes thus recognize the right to space for “local interests” so long as the reservoirs exist and so long as the cities make the payments.”
State of Ohio v. United States (Fed. Cl. 2020). “88-140, § 3 (codified at 43 U.S.C. § 390e). These obligations included continued annual payments for operation and maintenance costs assigned to water supply.”
State of Ohio v. United States (Fed. Cl. 2021). “No 88-140, § 3 (codified at 43 U.S.C. § 390e). B. The Contract In January of 1970, the parties established a flood control contract related to the Caesar Creek Reservoir Project in Ohio.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.