WSP03745

• File Number: 8111.815
• Description: Arkansas River Compact Administration
• Basin: Arkansas
• Date: 4/1/1990
• Author: UCACOE
• Title: Drought Contingency Plan - John Martin and Trinidad Lake - Appendix D
• Water Supply Pro - Doc Type: Publication

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as he may deem reasonable for domestic and industrial uses of surplus water that
may be available at any reservoir under the control of Department of the Army,

j. EC 1105-2-181 "Municipal and Industrial Water Supply Storage". An Army
General Counsel opinion of 13 March 1986, states that Section 6 of the 1944 ~lood
Control Act empowers the Secretary of the Army to make reasonable reallocations
of water between different project purposes. Thus water stored for purposes no
longer necessary, or a better use in certain cases, can be considered surplus.

k. Multiple Memorandum. CECW-RP, 11 July 88, Subject: Request for
withdrawal of small amounts of water over short periods of time. Drought and
other emergencies affecting domestic, municipal and industrial water supplies
will likely generate requests for water stored in Corps of Engineers reservoirs.
This memo outlines an expedited process for dealing with such requests that can
be included in Drought Contingency Plans. District Commanders should take the
initiative to make Section 6 (Flood Control Act of 1944) assessments of the
availability of storage for limited withdrawals (up to 50 acre-feet of water may
be allocated by the District Engineer in accordance with EC 1105-2-181).
Agreements for small amounts of water withdrawals (50 acre-feet or less) may be
accomplished at the District level for a term of no more than one year.
Additionally, a clause may be included for an automatic renewal.

1. ER 405-1-12 This ER provides guidance for issuing an appropriate real
estate instrument for water withdrawal users who will be installing water lines.
other facilities, or equipment.

m. PL 89-298 This law authorizes that up to ten thousand acre-feet of
recreation water can be stored in the flood control pool at John Martin Reservoir
if the conservation space is full.

n. Memorandum. CESWD-ED-WR, dated 3 August 1988, Subject: Drought
Contingency Plans. This memorandum transmits guidance for the development of
the drought contingency plans. It specifically states that an agreement with
a specified user under the limited withdrawal provision (50 acre-feet or less
per user) may not exceed 1 year in duration and will have a minimum charge of
not less than twenty-five dollars. If more water or a longer duration is
required, a normal Section 6 contract is required. This memorandwn also
transmits guidance regarding the. application of small contract authority.
suggesting that it be kept at the District Engineer level.

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