
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1962d-11a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                  CHAPTER 19B--WATER RESOURCES PLANNING
 
                 SUBCHAPTER IV--MISCELLANEOUS PROVISIONS
 
Sec. 1962d-11a. Potomac River water diversion structure


(a) Consent of Congress for construction; written agreement providing 
        schedule for allocation among parties for withdrawal of waters

    (1) Subject to paragraph (2) of this subsection, the consent of 
Congress is granted under section 401 of title 33 to the Washington 
Suburban Sanitary Commission to construct a water diversion structure, 
with an elevation not to exceed one hundred and fifty-nine feet above 
sea level, from the north shore of the Potomac River at the Washington 
Suburban Sanitary Commission water filtration plant to the north shore 
of Watkins Island.
    (2) The structure authorized by paragraph (1) of this subsection, 
may not be constructed until the Secretary of the Army, acting through 
the Chief of Engineers, and the State of Maryland, the Commonwealth of 
Virginia, the Washington Suburban Sanitary Commission, and such other 
governmental authorities as the Secretary of the Army, the State of 
Maryland, and the Commonwealth of Virginia deem desirable signatories 
enter into a written agreement providing an enforceable schedule for 
allocation among the parties to such agreement for the withdrawal of the 
waters of that portion of the Potomac River located between Little Falls 
Dam and the farthest upstream limit of the pool of water behind the 
Chesapeake and Ohio Canal Company rubble dam at Seneca, Maryland, during 
periods of low flow of such portion of such river.

(b) Authorization of Secretary of the Army to enter written agreement; 
        amendments or revisions

    The Secretary of the Army, acting through the Chief of Engineers, is 
authorized to enter into the agreement referred to in subsection (a)(2) 
of this section and any amendment to or revision of such agreement.

(c) Riparian rights or other authority of Maryland, Virginia, political 
        subdivisions; authority of District of Columbia

    Except as may be provided in the agreement referred to in subsection 
(a)(2) of this section, nothing in this section shall alter any riparian 
rights or other authority of the State of Maryland, or any political 
subdivision thereof, the Commonwealth of Virginia, or any political 
subdivision thereof, or the District of Columbia, or authority of the 
Corps of Engineers existing on October 22, 1976, relative to the 
appropriation of water from, or the use of, the Potomac River.

(Pub. L. 94-587, Sec. 181, Oct. 22, 1976, 90 Stat. 2939; Pub. L. 96-292, 
Sec. 2, June 28, 1980, 94 Stat. 609.)

                          Codification

    Section was enacted as part of the Water Resources Development Act 
of 1976, and not as part of the Water Resources Planning Act which 
comprises this chapter.


                               Amendments

    1980--Subsec. (a)(2). Pub. L. 96-292 struck out cl. ``(A)'' 
designation and cl. (B) which prohibited construction of the Potomac 
River water diversion structure should such structure be in conflict 
with the report of the Secretary of the Army, acting through the Chief 
of Engineers, issued in connection with a study of water resources 
development.
