§ 4. — Water gauges on Mississippi River and tributaries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC4]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 1--NAVIGABLE WATERS GENERALLY
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 4. Water gauges on Mississippi River and tributaries
The Secretary of the Army is authorized and directed to have water
gauges established, and daily observations made of the rise and fall of
the Mississippi River and its tributaries.
For the purpose of securing the uninterrupted gauging of the waters
of the Mississippi River and its tributaries, as provided for in this
section, upon the application of the Chief of Engineers, the Secretary
of the Army is authorized to draw his warrant or requisition, from time
to time, upon the Secretary of the Treasury for such sums as may be
necessary to do such work, not to exceed in the aggregate for each year
the sum of $9,600.
(R.S. Sec. 5252; Aug. 11, 1888, ch. 860, Sec. 6, 25 Stat. 424; June 13,
1902, ch. 1079, Sec. 9, 32 Stat. 374; July 26, 1947, ch. 343, title II,
Sec. 205(a), 61 Stat. 501; Aug. 30, 1954, ch. 1076, Sec. 1(15), 68 Stat.
967.)
Codification
R.S. Sec. 5252 derived from Res. Feb. 21, 1871, No. 40, 16 Stat.
598.
The first paragraph of this section is from R.S. Sec. 5252, which,
as enacted, authorized and directed the establishment of water gauges
and the making of daily observations at or in the vicinity of certain
enumerated places, and at such other places as the Secretary of War
might deem advisable. It further provided that the expenditure should be
made from the appropriation for the improvement of rivers and harbors
and that the annual cost of the observations should not exceed $5,000.
These latter provisions were apparently modified by section 6 of act
Aug. 11, 1888, as amended by section 9 of act June 13, 1902, which was
substantially the second paragraph of this section. As originally
enacted, section 6 of act Aug. 11, 1888, provided for the gauging of the
waters of the Lower Mississippi and tributaries, and limited the cost
for each year to the amount appropriated in the act for such purpose.
Amendments
1954--Act Aug. 30, 1954, repealed proviso requiring that an itemized
statement of expenses incurred in gauging waters of the Mississippi
River and its tributaries, as provided in this section, should accompany
the annual report of the Chief of Engineers.
Change of Name
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ``Title 10,
Armed Forces'' which in sections 3010 to 3013 continued Department of
the Army under administrative supervision of Secretary of the Army.
Appropriations
Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was
classified to section 725a of former Title 31, Money and Finance,
repealed the permanent appropriation under the title ``Gauging waters of
the Mississippi and its tributaries (fiscal year) (8-961.54)'' effective
July 1, 1935, and provided that such portions of any Acts as make
permanent appropriations to be expended under such account are amended
so as to authorize, in lieu thereof, annual appropriations from the
general fund of the Treasury in identical terms and in such amounts as
now provided by the laws providing such permanent appropriations.
