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<br />CHAPTER 4: <br /> <br />1 March 1996 Draft <br /> <br />STORAGE REALLOCATION <br /> <br />A. INTRODUCTION <br /> <br />1. Authorization. Reallocation can be considered to be a <br />reassignment of the usage of existing storage space in a reservoir <br />project to a higher and better use. Authority for the U.s. Army <br />Corps of Engineers (Corps) to reallocate municipal and industrial <br />(M&I) water supply is contained in Public Law 85-500, Title III, <br />Water Supply Act of 1958, as amended (72 Stat. 319). Section <br />301(b), of this Act states "it is hereby provided that storage may <br />be included in any reservoir project surveyed, planned, constructed <br />or to be surveyed, planned, and/or constructed ... to impound water <br />for present or anticipated future demand or need for municipal and <br />industrial water supply." Section 301@ of the Act states <br />" [M] odifications of a reservoir project heretofore authorized, <br />surveyed, planned, or constructed to include storage as provided in <br />subsection (b), which would seriously affect the purposes for which <br />the project was authorized, surveyed, planned, or constructed, or <br />which would involve major structural or operational changes, shall <br />be make only upon the approval of Congress as now provided by law." <br /> <br />2. Aooroval. Providing the criteria of the 1958 Water supply Act <br />are not violated, 15 percent of total storage capacity allocated to <br />all authorized project purposes or 50,000 acre feet, whichever is <br />less, may be allocated from storage authorized for other project <br />purposes or may be added to the project to serve as storage for M&I <br />water supply at the discretion of the Commander, USACE. For <br />reallocations up to 499 acre-feet the Commander, USACE has <br />delegated approval authority to the division commander. <br />Reallocations which exceed the Commander USACE's authority may be <br />approved at the discretion of the Secretary of the Army if such <br />reallocations do not require Congressional approval as described <br />above. The approval of the reallocation report, however, does not <br />signify an approval to reallocate storage. Such approval is <br />governed by the final signature of the water supply agreement. <br /> <br />3. Guidance. All official Corps guidance on reallocations can be <br />found in ER 1105-2-100, dated 28 December 1990. In this <br />regulation, the guidance on reallocation of water supply storage is <br />contained in Chapter 4, Section VII, Paragraph 4-32d (Project <br />purposes) and in Chapter 6, Section XV, Paragraph 6-205 (Cost <br />Allocation) . periodic Engineering Circulars and Policy Guidance <br />Memorandums can also be issued on this procedure. The intent of <br />this chapter is to capture all current policies and procedures <br />including those that may not be included in current regulations. <br />