On December 16, 2016, the U.S. Army Corps of Engineers (Corps) published a notice of proposed rulemaking, 81 FR 91556, updating its policies on the use of Corps reservoir projects for domestic, municipal, and industrial water supply. The revisions are intended to “enhance the Corps’ ability to cooperate with State and local interests in the development of water supplies,” take into account court decisions, legislative provisions and other developments, to bring greater clarity and consistency across regions, and to facilitate or avoid interfering with other lawful uses of water. The Corps proposes to define key terms and improve its interpretations and practices under the authority of the 1944 Flood Control Act (33 USC §708) and the 1958 Water Supply Act (43 USC §390b). Further information may be found here. Comments may be posted to www.regulations.gov under docket #COE-2015-0016 through May 15. A selection of some of the related letters submitted is included below:
Western States Water Council
Western Governors’ Association
Idaho
Nebraska
Oklahoma
South Dakota
Texas
City of Hillsboro, Oregon
Missouri Tristate Water Association
Nebraska Lewis and Clark Natural Resource District
North Dakota Water Users Association