Title: Operation of Projects
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00003100/00001
 Material Information
Title: Operation of Projects
Physical Description: Book
Language: English
Publisher: President's Water Resources Policy Commission
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Richard Hamann's Collection - Operation of Projects
General Note: Box 12, Folder 9 ( Water Resources Law - Vol #3 - 1950 ), Item 18
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003100
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

authorization, water supply, school facilities, and railroad
bridges altered at federal expense.m In addition to author-
izing particular types of work, these laws also govern the
related aspects of prosecution of projects. Also applicable
here are the pre-1917 laws relating to the prosecution of
navigation improvements, already discussed.a Apart from
these two groups of statutes, Congress has enacted no legisla-
tion specifically governing the prosecution of flood-control
Operation of Projects

In the discussion of laws affecting the operation of naviga-
tion projects, we summarized those parts of the Act of Decem-
ber'22, 1944, which relate to the use of dams and reservoirs for
navigation, power, water supply, iirigation, and recreation.13
Similarly, reference was there made to the provisions of
1946 legislation concerning wildlife resourcesn"' So also as to
the provisions of the Act of July 29,1946, regarding the possible
use of dams as foundations for bridges.u All of those pro-
visions apply with like force to the operation of flood-control
projects. Moreover, with respect to specified flood-control
projects in the West, Congress in recent authorizations has ex-
pressly subordinated navigation use of waters to beneficial con-
sumptive use,. exactly as in the case of navigation projects."
Congress has provided that the Secretary shall prescribe reg-
ulations for the use of storage allocated for flood control,
just as in the case of navigation, at all reservoirs con-
structed wholly or in part with federal funds."7 This law does
not apply to the Tennessee Valley Authority, except that in
case of danger rom floods on the lower Ohio and Mississippi
m See supra, pp. 138-140.
Act of March 1, 1917, 1 3, 39 Stat. 948, 950, 33 U. S. C. 701. See supra,
pp. 107-109.
58 Stat. 887; see supra, pp. 109-110.
"M See supra, pp. 110-111.
20 See supra, pp. 94-95.
m See, e. g., Act of December 22, 1944, 1 1(b), 58 Stat. 887, 889; see supra,
pp. 111-112.
Act of December 22, 1944, 1 7, 58 Stat. 887, 890, 33 U. S. C. 709; see
wpra, p. 109.

Rivers, TVA must regulate the relWase of water froim the Ten.
nessee River into! the Ohio River in accordance with instriuc-
tions of the Department of the Army." i 1 :

International Commissions
Duplication may again be avoided by reference to a discus-
sion of this subject i the preceingchapter, "Navigation."
1ere as there, significance attaches t the duties, responsibil-
ities, and jurisdiction of the International Joint Commission.';
Similarly pertinent iere are the-daties, responsibilities, and
jurisdiction of the International Boundary and Water Com-
mission, United States and Mexico.i" The Convention of Feb-
ruary 1, 1933, provides for rectification by the Commiosion
of the Rio Grande between El Paso and Fort Quitman, Texas,
for flood protection and for the stabilization of the intemra
tiorial boundary." Likewise, the Secretary of State-, actg
through the American Commissioner, is authorized to conduct
investigations relating to flood control anong other things,
upon the boundary between the United States and Mexico.12
And the President has authority over construction, operation,
and maintenance of any project provided for in a treaty with
Mexico." Also, Congress has authorized the .United States
Section of the Commission to con;truct the Rio Grande Canali-
zation Project, designed primarily for flood control ando facil-
itate compliance with the Water Conventioin of lfay 21, 1906."
+Considerable expansion of the Commission's activities,re-
sulted under the Treaty of Febiary 3, 1944. It wasiven gen-
eral jurisdiction over the boundary arts of the 1io Granl e
and the Colorado iiver, with' provision for construction' of
works of conservation and flood'coritrol' i the Rio Grande, and

See supra, pp. 121-123.
See supra, pp. 121-122.
See aspra, pp. 122-123.
m Art's. I, VI, 48 Stat. 1621, 1622, 1624.
SAct of May 13, 1924, 1, 43 Stat. 118, as amended, 22 U. S. C. 277a.
S"' 1,43 Stat. U8, 22 U. S. o. 277t.
*Act of August 29, 98, 1, 49 Stat. 961; Act of June 4, 190, 1, 49 ,Stat.
1463; Act of April i, 1940,. 1, I4 Sitat. 11.

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