§ 2324. — Reduced pricing for certain water supply storage.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2324]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 2324. Reduced pricing for certain water supply storage
(a) Provision of storage space
If a low income community requests the Secretary to provide water
supply storage space in a water resources development project operated
by the Secretary and if the amount of space requested is available or
could be made available through reallocation of water supply storage
space in the project or through modifications to operation of the
project, the Secretary may provide such space to the community at a
price determined under subsection (c) of this section.
(b) Maximum amount of storage space
The maximum amount of water supply storage space which may be
provided to a community under this section may not exceed an amount of
water supply storage space sufficient to yield 2,000,000 gallons of
water per day.
(c) Price
The Secretary shall provide water supply storage space under this
section at a price which is the greater of--
(1) the updated construction cost of the project allocated to
provide such amount of water supply storage space or $100 per acre
foot of storage space, whichever is less; and
(2) the value of the benefits which are lost as a result of
providing such water supply storage space.
(d) Determinations
For purposes of subsection (c) of this section, the determinations
of updated construction costs and value of benefits lost shall be made
by the Secretary on the basis of the most recent information available.
(e) Inflation adjustment of dollar amount
The $100 amount set forth in subsection (c) of this section shall be
adjusted annually by the Secretary for changes in the Consumer Price
Index of All Urban Consumers published by the Bureau of Labor
Statistics.
(f) Non-Federal responsibilities
Nothing in this section shall be construed as affecting the
responsibility of non-Federal interests to provide operation and
maintenance costs assigned to water supply storage provided under this
section.
(g) ``Low income community'' defined
The term ``low income community'' means a community with a
population of less than 20,000 which is located in a county with a per
capita income less than the per capita income of two-thirds of the
counties in the United States.
(Pub. L. 101-640, title III, Sec. 322, Nov. 28, 1990, 104 Stat. 4643.)
Codification
Section was enacted as part of the Water Resources Development Act
of 1990, and not as part of the Water Resources Development Act of 1986
which comprises this chapter.
``Secretary'' Defined
Secretary means the Secretary of the Army, see section 2 of Pub. L.
101-640, set out as a note under section 2201 of this title.
