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2 Water Supply Partnership Kit One other act has had a major impact on the Corps mission in providing storage in projects. This act was Public Law 88-140, enacted on 16 October 1963. Under this act, the non-Federal sponsor of water supply storage has the right to the use of the storage for the physical life of the project after the costs of storage have been repaid, and subject to the continued repayment of annual operating costs. This provision removed the uncertainty as to the continued availability of the storage space after the 50-year maximum period previously allowed in contracts. DEFINITION. What exactly does the Corps mean by "M&! water supply storage?" While the term has not been defined in law, the Corps has taken it to mean supply for uses ordinarily found among customers of a municipal systems and for uses in industrial processes. Services to be provided will normally consist of space in a reservoir for use in regulating the flow of water so that it is useful for water supply purposes, and the provision, where necessary, of facilities in the project structure to provide for the release or withdrawal of stored water for water supply purposes. Water rights necessary for the. use of the stored water will not be acquired by the Corps but will be obtained as necessary by the water users. Where it is a requirement of State law ~ the non- Federal sponsor shall provide proof of a water right for the water to be stored or released from the Corps project. Water supply agreements under the authority of the 1958 Water Supply Act are for storage space only. The Federal government makes no representation with respect to the quality or quantity of water and assumes no responsibility for the treatment, or availability of the water. CQSI. Your most primary concern is probably with the cost; how much will the Corps charge me for the water 1 want and what will be the repayment requirements? That is not a easy question to answer because it depends upon a number of factors. These factors include: I) is this to be a new project, or is it already constructed? 2) if the project is existing was it constructed before or after 1986? 3) if the project is existing, is the space you want to utilize already authorized, or will it require a reallocation? 4) are you a low income community and, therefore, available for a reduced price for water under certain circumstances? and 5) regardless of the above factors, what other costs may you be responsible for? The following sections will attempt to clarify the cost and repayment responsibilities for each of the above situations. 1) New PrQJects: A "new11 project is classified as one for which construction started on or after 17 November 1986, the date of enactment WRDA '86. Since the Corps' ability to construct new multipurpose reservoirs projects is severely limited, the possibility of storage in new projects is unlikely. However, should the storage be in one of these "new" projects, the cost of storage will be the actual construction cost allocated to the amount of storage assigned to your use. While the law permits the repayment of these costs over a 30- year period, Administration policy requires the repayment of these costs either before or during the period of construction of the reservoir project. For this reason, all water supply storage in "new" projects is committed to non-Federal sponsors prior to construction and there is no available storage in new projects for new sponsors. Policy also prohibits the construction of single purpose water supply projects; i.e., water supply can only be considered when at least 20 percent of the new project benefits are attributed to flood control, navigation, envirorunental restoration, and/or