33 CFR § 208.11
Regulations for use of storage allocated for flood control or navigation and/or project operation at reservoirs subject to prescription of rules and regulations by the Secretary of the Army in the interest of flood control and navigation
August 2, 2023
CFR

§ 208.11 Regulations for use of storage allocated for flood control or navigation and/or project operation at reservoirs subject to prescription of rules and regulations by the Secretary of the Army in the interest of flood control and navigation.

(a) Purpose. This regulation prescribes the responsibilities and general procedures for regulating reservoir projects capable of regulation for flood control or navigation and the use of storage allocated for such purposes and provided on the basis of flood control and navigation, except projects owned and operated by the Corps of Engineers; the International Boundary and Water Commission, United States and Mexico; and those under the jurisdiction of the International Joint Commission, United States, and Canada, and the Columbia River Treaty. The intent of this regulation is to establish an understanding between project owners, operating agencies, and the Corps of Engineers.

(b) Responsibilities. The basic responsibilities of the Corps of Engineers regarding project operation are set out in the cited authority and described in the following paragraphs:

(1) Section 7 of the Flood Control Act of 1944 (58 Stat. 890, 33 U.S.C. 709) directs the Secretary of the Army to prescribe regulations for flood control and navigation in the following manner:

Hereafter, it shall be the duty of the Secretary of War to prescribe regulations for the use of storage allocated for flood control or navigation at all reservoirs constructed wholly or in part with Federal funds provided on the basis of such purposes, and the operation of any such project shall be in accordance with such regulations: Provided, That this section shall not apply to the Tennessee Valley Authority, except that in case of danger from floods on the lower Ohio and Mississippi Rivers the Tennessee Valley Authority is directed to regulate the release of water from the Tennessee River into the Ohio River in accordance with such instructions as may be issued by the War Department.

(2) Section 9 of Public Law 436–83d Congress (68 Stat. 303) provides for the development of the Coosa River, Alabama and Georgia, and directs the Secretary of the Army to prescribe rules and regulations for project operation in the interest of flood control and navigation as follows:

The operation and maintenance of the dams shall be subject to reasonable rules and regulations of the Secretary of the Army in the interest of flood control and navigation.

Note:

This Regulation will also be applicable to dam and reservoir projects operated under provisions of future legislative acts wherein the Secretary of the Army is directed to prescribe rules and regulations in the interest of flood control and navigation. The Chief of Engineers, U.S. Army Corps of Engineers, is designated the duly authorized representative of the Secretary of the Army to exercise the authority set out in the Congressional Acts. This Regulation will normally be implemented by letters of understanding between the Corps of Engineers and project owner and will incorporate the provisions of such letters of understanding prior to the time construction renders the project capable of significant impoundment of water. A water control agreement signed by both parties will follow when deliberate impoundment first begins or at such time as the responsibilities of any Corps-owned projects may be transferred to another entity. Promulgation of this Regulation for a given project will occur at such time as the name of the project appears in the Federal Register in accordance with the requirements of paragraph 6k. When agreement on a water control plan cannot be reached between the Corps and the project owner after coordination with all interested parties, the project name will be entered in the Federal Register and the Corps of Engineers plan will be the official water control plan until such time as differences can be resolved.

(3) Federal Energy Regulatory Commission (FERC), formerly Federal Power Commission (FPC), Licenses.

(i) Responsibilities of the Secretary of the Army and/or the Chief of Engineers in FERC licensing actions are set forth in reference 3c above and pertinent sections are cited herein. The Commission may further stipulate as a licensing condition, that a licensee enter into an agreement with the Department of the Army providing for operation of the project during flood times, in accordance with rules and regulations prescribed by the Secretary of the Army.

(A) Section 4(e) of the Federal Power Act requires approval by the Chief of Engineers and the Secretary of the Army of plans of dams or other structures affecting the navigable capacity of any navigable waters of the United States, prior to issuance of a license by the Commission as follows:

The Commission is hereby authorized and empowered to issue licenses to citizens * * * for the purpose of constructing, operating and maintaining dams, water conduits, reservoirs, powerhouses, transmission lines, or other project works necessary or convenient for the development and improvement of navigation and for the development, transmission, and utilization of power across, along, from or in any of the streams or other bodies of water over which Congress has jurisdiction * * * Provided further, That no license affecting the navigable capacity of any navigable waters of the United States shall be issued until the plans of the dam or other structures affecting navigation have been approved by the Chief of Engineers and the Secretary of the Army.

(B) Sections 10(a) and 10(c) of the Federal Power Act specify conditions of project licenses including the following:

(1) Section 10(a). “That the project adopted * * * shall be such as in the judgment of the Commission will be best adapted to a comprehensive plan for improving or developing a waterway or waterways for the use or benefit of interstate or foreign commerce, for the improvement and utilization of waterpower development, and for other beneficial public uses * * *.”

(2) Section 10(c). “That the licensee shall * * * so maintain and operate said works as not to impair navigation, and shall conform to such rules and regulations as the Commission may from time to time prescribe for the protection of life, health, and property * * *.”

(C) Section 18 of the Federal Power Act directs the operation of any navigation facilities built under the provision of that Act, be controlled by rules and regulations prescribed by the Secretary of the Army as follows:

The operation of any navigation facilities which may be constructed as part of or in connection with any dam or diversion structure built under the provisions of this Act, whether at the expense of a licensee hereunder or of the United States, shall at all times be controlled by such reasonable rules and regulations in the interest of navigation; including the control of the pool caused by such dam or diversion structure as may be made from time to time by the Secretary of the Army, * * *.

(ii) Federal Power Commission Order No. 540 issued October 31, 1975, and published November 7, 1975 (40 FR 51998), amending § 2.9 of the Commission's General Policy and Interpretations prescribed Standardized Conditions (Forms) for Inclusion in Preliminary Permits and Licenses Issued Under part I of the Federal Power Act. As an example, Article 12 of Standard Form L–3, titled: “Terms and Conditions of License for Constructed Major Projects Affecting Navigable Waters of the United States,” sets forth the Commission's interpretation of appropriate sections of the Act, which deal with navigation aspects, and attendant responsibilities of the Secretary of the Army in licensing actions as follows:

The United States specifically retains and safeguards the right to use water in such amount, to be determined by the Secretary of the Army, as may be necessary for the purposes of navigation on the navigable waterway affected; and the operations of the Licensee, so far as they affect the use, storage and discharge from storage of waters affected by the license, shall at all times be controlled by such reasonable rules and regulations as the Secretary of the Army may prescribe in the interest of navigation, and as the Commission may prescribe for the protection of life, health, and property, * * * and the Licensee shall release water from the project reservoir at such rate * * * as the Secretary of the Army may prescribe in the interest of navigation, or as the Commission may prescribe for the other purposes hereinbefore mentioned.

(c) Scope and terminology. This regulation applies to Federal authorized flood control and/or navigation storage projects, and to non-Federal projects which require the Secretary of the Army to prescribe regulations as a condition of the license, permit or legislation, during the planning, design and construction phases, and throughout the life of the project. In compliance with the authority cited above, this regulation defines certain activities and responsibilities concerning water control management throughout the Nation in the interest of flood control and navigation. In carrying out the conditions of this regulation, the owner and/or operating agency will comply with applicable provisions of Pub. L. 85–624, the Fish and Wildlife Coordination Act of 1958, and Pub. L. 92–500, the Federal Water Pollution Control Act Amendments of 1972. This regulation does not apply to local flood protection works governed by § 208.10, or to navigation facilities and associated structures which are otherwise covered by part 207 (Navigation Regulations) of title 33 of the code. Small reservoirs, containing less than 12,500 acre-feet of flood control or navigation storage, may be excluded from this regulation and covered under § 208.10, unless specifically required by law or conditions of the license or permit.

(1) The terms reservoir and project as used herein include all water resource impoundment projects constructed or modified, including natural lakes, that are subject to this regulation.

(2) The term project owner refers to the entity responsible for maintenance, physical operation, and safety of the project, and for carrying out the water control plan in the interest of flood control and/or navigation as prescribed by the Corps of Engineers. Special arrangements may be made by the project owner for “operating agencies” to perform these tasks.

(3) The term letter of understanding as used herein includes statements which consummate this regulation for any given project and define the general provisions or conditions of the local sponsor, or owner, cooperation agreed to in the authorizing legislative document, and the requirements for compliance with section 7 of the 1944 Flood Control Act, the Federal Power Act or other special congressional act. This information will be specified in the water control plan and manual. The letter of understanding will be signed by a duly authorized representative of the Chief of Engineers and the project owner. A “field working agreement” may be substituted for a letter of understanding, provided that the specified minimum requirements of the latter, as stated above, are met.

(4) The term water control agreement refers to a compliation of water control criteria, guidelines, diagrams, release schedules, rule curves and specifications that basically govern the use of reservoir storage space allocated for flood control or navigation and/or release functions of a water control project for these purposes. In general, they indicate controlling or limiting rates of discharge and storage space required for flood control and/or navigation, based on the runoff potential during various seasons of the year.

(5) For the purpose of this regulation, the term water control plan is limited to the plan of regulation for a water resources project in the interest of flood control and/or navigation. The water control plan must conform with proposed allocations of storage capacity and downstream conditions or other requirements to meet all functional objectives of the particular project, acting separately or in combination with other projects in a system.

(6) The term real-time denotes the processing of current information or data in a sufficiently timely manner to influence a physical response in the system being monitored and controlled. As used herein the term connotes * * * the analyses for and execution of water control decisions for both minor and major flood events and for navigation, based on prevailing hydrometeorological and other conditions and constraints, to achieve efficient management of water resource systems.

(d) Procedures

(1) Conditions during project formulation. During the planning and design phases, the project owner should consult with the Corps of Engineers regarding the quantity and value of space to reserve in the reservoir for flood control and/or navigation purposes, and for utilization of the space, and other requirements of the license, permit or conditions of the law. Relevant matters that bear upon flood control and navigation accomplishment include: Runoff potential, reservoir discharge capability, downstream channel characteristics, hydrometeorological data collection, flood hazard, flood damage characteristics, real estate acquisition for flowage requirements (fee and easement), and resources required to carry out the water control plan. Advice may also be sought on determination of and regulation for the probable maximum or other design flood under consideration by the project owner to establish the quantity of surcharge storage space, and freeboard elevation of top of dam or embankment for safety of the project.

(2) Corps of Engineers involvement. If the project owner is responsible for real-time implementation of the water control plan, consultation and assistance will be provided by the Corps of Engineers when appropriate and to the extent possible. During any emergency that affects flood control and/or navigation, the Corps of Engineers may temporarily prescribe regulation of flood control or navigation storage space on a day-to-day (real-time) basis without request of the project owner. Appropriate consideration will be given for other authorized project functions. Upon refusal of the project owner to comply with regulations prescribed by the Corps of Engineers, a letter will be sent to the project owner by the Chief of Engineers or his duly authorized representative describing the reason for the regulations prescribed, events that have transpired, and notification that the project owner is in violation of the Code of Federal Regulations. Should an impasse arise, in that the project owner or the designated operating entity persists in noncompliance with regulations prescribed by the Corps of Engineers, measures may be taken to assure compliance.

(3) Corps of Engineers implementation of real-time water control decisions. The Corps of Engineers may prescribe the continuing regulation of flood control storage space for any project subject to this regulation on a day-to-day (real-time) basis. When this is the case, consultation and assistance from the project owner to the extent possible will be expected. Special requests by the project owner, or appropriate operating entity, are preferred before the Corps of Engineers offers advice on real-time regulation during surcharge storage utilization.

(4) Water control plan and manual. Prior to project completion, water control managers from the Corps of Engineers will visit the project and the area served by the project to become familiar with the water control facilities, and to insure sound formulation of the water control plan. The formal plan of regulation for flood control and/or navigation, referred to herein as the water control plan, will be developed and documented in a water control manual prepared by the Corps of Engineers. Development of the manual will be coordinated with the project owner to obtain the necessary pertinent information, and to insure compatibility with other project purposes and with surcharge regulation. Major topics in the manual will include: Authorization and description of the project, hydrometeorology, data collection and communication networks, hydrologic forecasting, the water control plan, and water resource management functions, including responsibilities and coordination for water control decisionmaking. Special instructions to the dam tender or reservoir manager on data collection, reporting to higher Federal authority, and on procedures to be followed in the event of a communication outage under emergency conditions, will be prepared as an exhibit in the manual. Other exhibits will include copies of this regulation, letters of understanding consummating this regulation, and the water control agreements. After approval by the Chief of Engineers or his duly authorized representative, the manual will be furnished the project owner.

(5) Water control agreement.

(i) A water control diagram (graphical) will be prepared by the Corps of Engineers for each project having variable space reservation for flood control and/or navigation during the year; e.g., variable seasonal storage, joint-use space, or other rule curve designation. Reservoir inflow parameters will be included on the diagrams when appropriate. Concise notes will be included on the diagrams prescribing the use of storage space in terms of release schedules, runoff, nondamaging or other controlling flow rates downstream of the damsite, and other major factors as appropriate. A water control release schedule will be prepared in tabular form for projects that do not have variable space reservation for flood control and/or navigation. The water control diagram or release schedule will be signed by a duly authorized representative of the Chief of Engineers, the project owner, and the designated operating agency, and will be used as the basis for carrying out this regulation. Each diagram or schedule will contain a reference to this regulation.

(ii) When deemed necessary by the Corps of Engineers, information given on the water control diagram or release schedule will be supplemented by appropriate text to assure mutual understanding on certain details or other important aspects of the water control plan not covered in this regulation, on the water control diagram or in the release schedule. This material will include clarification of any aspects that might otherwise result in unsatisfactory project performance in the interest of flood control and/or navigation. Supplementation of the agreement will be necessary for each project where the Corps of Engineers exercises the discretionary authority to prescribe the flood control regulation on a day-to-day (real-time) basis. The agreement will include delegation of the responsibility. The document should also cite, as appropriate, section 7 of the 1944 Flood Control Act, the Federal Power Act and/or other congressional legislation authorizing construction and/or directing operation of the project.

(iii) All flood control regulations published in the Federal Register under this section (part 208) of the code prior to the date of this publication which are listed in § 208.11(e) are hereby superseded.

(iv) Nothing in this regulation prohibits the promulgation of specific regulations for a project in compliance with the authorizing acts, when agreement on acceptable regulations cannot be reached between the Corps of Engineers and the owner.

(6) Hydrometeorological instrumentation. The project owner will provide instrumentation in the vicinity of the damsite and will provide communication equipment necessary to record and transmit hydrometeorological and reservoir data to all appropriate Federal authorities on a real-time basis unless there are extenuating circumstances or are otherwise provided for as a condition of the license or permit. For those projects where the owner retains responsibility for real-time implementation of the water control plan, the owner will also provide or arrange for the measurement and reporting of hydrometeorological parameters required within and adjacent to the watershed and downstream of the damsite, sufficient to regulate the project for flood control and/or navigation in an efficient manner. When data collection stations outside the immediate vicinity of the damsite are required, and funds for installation, observation, and maintenance are not available from other sources, the Corps of Engineers may agree to share the costs for such stations with the project owner. Availability of funds and urgency of data needs are factors which will be considered in reaching decisions on cost sharing.

(7) Project safety. The project owner is responsible for the safety of the dam and appurtenant facilities and for regulation of the project during surcharge storage utilization. Emphasis upon the safety of the dam is especially important in the event surcharge storage is utilized, which results when the total storage space reserved for flood control is exceeded. Any assistance provided by the Corps of Engineers concerning surcharge regulation is to be utilized at the discretion of the project owner, and does not relieve the owner of the responsibility for safety of the project.

(8) Notification of the general public. The Corps of Engineers and other interested Federal and State agencies, and the project owner will jointly sponsor public involvement activities, as appropriate, to fully apprise the general public of the water control plan. Public meetings or other effective means of notification and involvement will be held, with the initial meeting being conducted as early as practicable but not later than the time the project first becomes operational. Notice of the initial public meeting shall be published once a week for 3 consecutive weeks in one or more newspapers of general circulation published in each county covered by the water control plan. Such notice shall also be used when appropriate to inform the public of modifications in the water control plan. If no newspaper is published in a county, the notice shall be published in one or more newspapers of general circulation within that county. For the purposes of this section a newspaper is one qualified to publish public notices under applicable State law. Notice shall be given in the event significant problems are anticipated or experienced that will prevent carrying out the approved water control plan or in the event that an extreme water condition is expected that could produce severe damage to property or loss of life. The means for conveying this information shall be commensurate with the urgency of the situation. The water control manual will be made available for examination by the general public upon request at the appropriate office of the Corps of Engineers, project owner or designated operating agency.

(9) Other generalized requirements for flood control and navigation.

(i) Storage space in the reservoirs allocated for flood control and navigation purposes shall be kept available for those purposes in accordance with the water control agreement, and the plan of regulation in the water control manual.

(ii) Any water impounded in the flood control space defined by the water control agreement shall be evacuated as rapidly as can be safely accomplished without causing downstream flows to exceed the controlling rates; i.e., releases from reservoirs shall be restricted insofar as practicable to quantities which, in conjunction with uncontrolled runoff downstream of the dam, will not cause water levels to exceed the controlling stages currently in force. Although conflicts may arise with other purposes, such as hydropower, the plan or regulation may require releases to be completely curtailed in the interest of flood control or safety of the project.

(iii) Nothing in the plan of regulation for flood control shall be construed to require or allow dangerously rapid changes in magnitudes of releases. Releases will be made in a manner consistent with requirements for protecting the dam and reservoir from major damage during passage of the maximum design flood for the project.

(iv) The project owner shall monitor current reservoir and hydro- meteorological conditions in and adjacent to the watershed and downstream of the damsite, as necessary. This and any other pertinent information shall be reported to the Corps of Engineers on a timely basis, in accordance with standing instructions to the damtender or other means requested by the Corps of Engineers.

(v) In all cases where the project owner retains responsibility for real-time implementation of the water control plan, he shall make current determinations of: Reservoir inflow, flood control storage utilized, and scheduled releases. He shall also determine storage space and releases required to comply with the water control plan prescribed by the Corps of Engineers. The owner shall report this information on a timely basis as requested by the Corps of Engineers.

(vi) The water control plan is subject to temporary modification by the Corps of Engineers if found necessary in time of emergency. Requests for and action on such modifications may be made by the fastest means of communication available. The action taken shall be confirmed in writing the same day to the project owner and shall include justification for the action.

(vii) The project owner may temporarily deviate from the water control plan in the event an immediate short-term departure is deemed necessary for emergency reasons to protect the safety of the dam, or to avoid other serious hazards. Such actions shall be immediately reported by the fastest means of communication available. Actions shall be confirmed in writing the same day to the Corps of Engineers and shall include justification for the action. Continuation of the deviation will require the express approval of the Chief of Engineers, or his duly authorized representative.

(viii) Advance approval of the Chief of Engineers, or his duly authorized representative, is required prior to any deviation from the plan of regulation prescribed or approved by the Corps of Engineers in the interest of flood control and/or navigation, except in emergency situations provided for in paragraph (d)(9)(vii) of this section. When conditions appear to warrant a prolonged deviation from the approved plan, the project owner and the Corps of Engineers will jointly investigate and evaluate the proposed deviation to insure that the overall integrity of the plan would not be unduly compromised. Approval of prolonged deviations will not be granted unless such investigations and evaluations have been conducted to the extent deemed necessary by the Chief of Engineers, or his designated representatives, to fully substantiate the deviation.

(10) Revisions. The water control plan and all associated documents will be revised by the Corps of Engineers as necessary, to reflect changed conditions that come to bear upon flood control and navigation, e.g., reallocation of reservoir storage space due to sedimentation or transfer of storage space to a neighboring project. Revision of the water control plan, water control agreement, water control diagram, or release schedule requires approval of the Chief of Engineers or his duly authorized representative. Each such revision shall be effective upon the date specified in the approval. The original (signed document) water control agreement shall be kept on file in the respective Office the Division Engineer, Corps of Engineers, Department of the Army, located at division offices throughout the continental USA. Copies of these agreements may be obtained from the office of the project owner, or from the office of the appropriate Division Engineer, Corps of Engineers.

(11) Federal Register. The following information for each project subject to section 7 of the 1944 Flood Control Act and other applicable congressional acts shall be published in the Federal Register prior to the time the projects becomes operational and prior to any significant impoundment before project completion or * * * at such time as the responsibility for physical operation and maintenance of the Corps of Engineers owned projects is transferred to another entity:

(i) Reservoir, dam, and lake names,

(ii) Stream, county, and State corresponding to the damsite location,

(iii) The maximum current storage space in acre-feet to be reserved exclusively for flood control and/or navigation purposes, or any multiple-use space (intermingled) when flood control or navigation is one of the purposes, with corresponding elevations in feet above mean sea level, and area in acres, at the upper and lower limits of said space,

(iv) The name of the project owner, and

(v) Congressional legislation authorizing the project for Federal participation.

(e) List of projects. The following tables, “Pertinent Project Data—Section 208.11 Regulation,” show the pertinent data for projects which are subject to this regulation.

List of Projects

[Non-Corps projects with Corps Regulation Requirements]

Open Table
Project name1
(1)
State
(2)
County
(3)
Stream1
(4)
Project purpose2
(5)
Storage 1000 AF
(6)
Elev limits feet M.S.L. Area in acres Authorizing legis.3
(11)
Proj. owner4
(12)
Upper
(7)
Lower
(8)
Upper
(9)
Lower
(10)
Agency Valley Dam & Res OR Malheur N Fork Malheur R FICR 60.0 3340.0 3263.0 1900 0 PL 68–292 USBR.
Alpine Dam IL Winnebago Keith Cr F 0.6 796.0 760.0 52 0 PWA Proj Rkfd, IL.
Altus Dam & Res OK Jackson N Fork Red R F
IMR
19.6
132.6
1562.0
1559.0
1559.0
1517.5P
6800
6260
6260
735
PL 761 USBR.
Anderson Ranch Dam & Res ID Elmore S Fk Boise R FEI 423.2 4196.0 4039.6 4740 1150 Act of 1939 53 Stat 1187 USBR.
Arbuckle Dam & Res OK Murray Rock Cr F
MRC
36.4
62.5
885.3
872.0
872.0
827.0
3130
2350
2350
606
PL 594 USBR.
Arrowrock Dam & Res ID Elmore Boise R FI 286.6 3216.0 2974.0 3100 200 Act of 1902 32 Stat 388 USBR.
Bear Cr Dam MO Marion Ralls Bear Cr F 8.7 546.5 520.0 540 0 PL 83–780 Hnbl, MO.
Bear Swamp Fife Brook (Lo) MA Franklin Deerfield R E 6.9 870.0 830.0 152 115 FERC 2669 NEPC.
Bear Swamp PS (Upper) MA Franklin Deerfield R Trib E 8.9 1600.0 1550.0 118 102 Fed Pwr Act NEPC.
Bellows Falls Dam & Lk VT Cheshire Connecticut R E 7.5 291.6 273.6 2804 836 FERC 1885 NEPC.
Big Dry Creek and Div CA Fresno Big Dry Cr & Dog Cr F 16.2 425.0 393.0 1530 0 PL 77–228 Rclm, B CA.
Blue Mesa Dam & Res CO Gunnison Gunnison R FER 748.5 7519.4 7393.0 9180 2790 PL 84–485 USBR
Boca Dam & Res CA Nevada Little Truckee R I
FI
32.8
8.0
5596.5
5605.0
5521.0
5596.0
873
980
52
873
PL 61–289
PL 68–292
USBR.
Bonny Dam & Res CO Yuma S Fork Republic R F
ICR
128.2
39.2
3710.0
3672.0
3672.0
3638.0
5036
2042
2042
331
PL 78–534
PL 79–732
USBR.
Boysen Dam & Res WY Fremont Wild R F
FEIQ
EIQ
150.4
146.1
403.8
4732.2
4725.0
4717.0
4725.0
4717.0
4685.0
22170
19560
16960
19560
16960
9280
PL 78–534 USBR.
Brantley Dam & Res NM Eddy Pecos R FIRQ 348.5 3283.0 3210.7 21294 38 PL 92–515 USBR.
Brownlee Dam & Res OR
ID
Baker
Washington
Snake R FE 975.3 2077.0 1976.0 13840 6650 FERC No 1971–C ID Pwr.
Bully Cr Dam & Res OR Malheur Bully Cr FI 31.6 2516.0 2456.8 1082 140 PL 86–248 USBR.
Camanche Dam & Res CA San Joaquin Mokelumne R FRIE
RIE
200.0
230.9
235.5
205.1
205.1
92.0
7600
5507
5507
0
PL 86–645 EB-MUD.
Canyon Ferry Dam & Lk MT Lewis Clark Missouri R F
FEI
EI
99.5
795.1
711.5
3800.0
3797.0
3770.0
3797.0
3770.0
3728.0
33535
32800
24125
32800
24125
11480
PL 78–534 USBR.
Cedar Bluff Dam & Res KS Trego Smoky Hill R F
IMCR
191.9
149.8
2166.0
2144.0
2144.0
2107.8
10790
6869
6869
2086
PL 78–534 USBR.
Cheney Dam & Res KS Sedgwick N Fork Ninnescah R F
MC
80.9
151.8
0.0
1429.9
1421.6
0.0
1421.6
1392.9
0.0
12420
9540
0
9540
1970
0
PL 86–787 USBR.
Clark Canyon Dam & Res MT Beaverhead Beaverhead R F
FI
I
79.1
50.4
126.1
5560.4
5546.1
5535.7
5546.1
5535.7
5470.6
5900
5160
4495
5160
4495
220
PL 78–534 USBR.
Del Valle Dam & Res CA Alameda Alameda Cr F
FIM
IMR
37.0
1.0
29.0
745.0
703.1
702.2
703.1
702.2
635.0
1060
710
700
710
700
275
PL 87–874 DWR.
CA.
Don Pedro Dam & Lk CA Tuolumne Tuolumne R FIER
EIR
340.0
1381.0
308.0
830.0
802.0
600.0
802.0
600.0
342.0
12900
11260
3520
11260
3520
29
PL 78–534 M&T.
Irr.
East Canyon Dam & Res UT Morgan East Canyon Cr FEIM 48.0 5705.5 5578.0 684 130 PL 81–273 USBR.
Echo Dam & Res UT Summit Weber R FEIM 74.0 5560.0 5450.0 1455 0 PL 81–83 USBR.
Emigrant Dam & Res OR Jackson Emigrant Cr FIR 39.0 2241.0 2131.5 801 80 PL 83–606 USBR.
Enders Dam & Res NE Chase Frenchman Cr F
ICR
30.0
34.5
3127.0
3112.3
3112.3
3082.4
2405
1707
1707
658
PL 78–534
PL 84–505
USBR.
Folsom Dam & Lk CA Sacramento American R FEIM
EIM
400.0
610.0
466.0
427.0
427.0
210.0
11450
9040
9040
0
USBR.
Fort Cobb Dam & Res OK Caddo Pond (Cobb) Cr F
IMCR
63.7
78.3
1354.8
1342.0
1342.0
1300.0
5980
4100
4100
337
PL 419 USBR.
Foss Dam & Res OK Custer Washita R F
IMRC
180.6
243.8
1668.6
1652.0
1652.0
1597.2
13140
8800
8800
1360
PL 419 USBR.
Friant Dam & Millerton Lk CA Fresno San Joaquin R FEIM 390.5 578.0 466.3 4850 2101 PL 75–392
PL 76–868
USBR.
Galesville Dam OR Douglas Cow Cr FEMCR 42.2 1881.5 1780.0 760 150 FERC No. 71
61001
Dgls, CO.
Gaston Dam & Res NC Halifax
Northampton
Roanoke R FE 63.0 203.0 200.0 22500 20300 Fed Pwr Act VA Pwr.
Glen Elder Dam & Waconda Lk KS Mitchel Solomon R F
IM
722.3
204.8
1488.3
1455.6
1455.6
1428.0
33682
12602
12602
3341
PL 78–534
PL 79–526
USBR.
Glendo Dam & Res WY Platte N Platte R F
EIM
271.9
454.3
4653.0
4635.0
4635.0
4570.0
17990
12370
12370
3130
PL 78–534 USBR.
Grand Coulee Dam & FDR Lk WA Okanogan Grant Columbia R FEI 5185.5 1290.0 1208.0 82280 45592 PL 89–561 USBR.
H Neely Henry Dam & Res AL Calhoun St. Clair Coosa R FE 49.7 508.0 502.5 11235 7632 PL 83–436 AL Pwr.
Harris Dam & Res AL Randolph Tallapoosa R FE 215.0 793.0 785.0 10661 9012 PL 89–789 AL Pwr.
Heart Butte Dm & Lk Tschida ND Grant Heart R F
IQ
147.9
69.0
2094.5
2064.5
2064.5
2030.0
6580
3400
3400
810
PL 78–534 USBR.
Hells Canyon Dam & Res OR
ID
Wallowa
Adams
Snake R EN 11.7 1688.0 1683.0 2380 2280 FERC No 1971–A ID Pwr.
Hoover Dam & Lk Mead NV
AZ
Clark Mohave Colorado R F
FEIMCAR
1500.0
15.8
1229.0
1219.6
1219.6
1083.0
162700
156500
156500
83500
PL 70–642 USBR.
Hungry Horse Dam & Res MT Flathead S Fork Flathead R FEI 2982.0 3560.0 3336.0 23800 5400 PL 78–329 USBR.
Indian Valley Dam & Res CA Lake N Fork Cache Cr FIMR
IMR
40.0
260.0
1485.0
1474.0
1474.0
1334.0
3975
3734
3734
308
PL 84–984 Yolo FC&W.
Jamestown Dam & Res ND Stutsman James R F
IQ
185.4
28.1
1454.0
1429.8
1429.8
1400.0
13210
2090
2090
160
PL 78–534 USBR.
Jocassee Dam & Res SC Pickens Keowee R PRFC 1160.0 1110.0 1080.0 7565 6815 FERC 2503 USBR Pwr.
Keowee Dam & Lk SC Pickens Keowee R FPMCAR 392.0 800.0 775.0 18372 13072 FERC 2503 Duke Pwr.
Kerr Dam Flathead Lk MT Lake Flathead R FER 1219.0 2893.0 2883.0 125560 120000 FERC No 5 MT Pwr.
Kerr Dam & Lk Hudson (Markham Ferry Project) OK Mayes Grand Neosho R F
E
244.2
48.6
636.0
619.0
619.0
599.0
18800
10900
10900
4500
PL 76–476 GRD Auth.
Keyhole Dam & Res WY Crook Belle Fourche R F
IQ
140.5
185.8
4111.5
4099.3
4099.3
4051.0
13730
9410
9410
820
PL 78–534 USBR.
Kirwin Dam & Res KS Phillips N Fork Solomon R F
ICR
215.1
89.6
1757.3
1729.2
1729.3
1697.0
10640
5080
5080
1010
PL 78–534
PL 79–732; PL 79–526
USBR.
Lake Kemp Dam & Res TX Wichita Wichita R F
MI
234.9
268.0
1156.0
1144.0
1144.0
1114.0
23830
15590
15590
3350
SD 144
WF&C.
WID2.
Leesville Dam & Res VA Campbell Pttsylvnia Roanoke R EQ 37.8 613.0 600.0 3235 2400 Fed Pwr Act Appl Pwr.
Lemon Dam & Res CO La Plata Florida R FIM 39.0 8148.0 8023.0 622 62 PL 84–485 USBR.
Lewis M Smith Dam & Res AL Walker Culman Sipsey Fork; Black Warrior R F
E
280.6
394.3
522.0
510.0
510.0
488.0
25700
21200
21200
15097
Fed Pwr Act AL Pwr.
Little Wood ID Blain Little Wood R FI 30.0 5237.3 5127.4 572 0 PL 84–993 USBR.
Logan Martin Dam & Res AL Talladega Cossa R F
E
245.3
67.0
477.0
465.0
465.0
460.0
26310
15263
15260
11887
PL 83–436 AL Pwr.
Los Banos Dam & Detention CA Merced Los Banos Cr R 20.6 327.8 231.2 467 0 USBR.
Los Banos Dam & Detention Res CA Merced Los Banos Cr F 14.0 353.5 327.8 619 467 PL 86–488 USBR.
Lost Creek Dam & Res UT Morgan Lost Cr FEIM 20.0 6005.0 5912.0 365 93 PL 81–273 USBR.
Lovewell Dam & Res KS Jewell White Rock Cr F
ICR
50.5
24.9
1595.3
1582.6
1582.6
1571.7
5025
2986
2986
1704
PL 78–534
PL 79–732
USBR.
Marshall Ford Dam & Res TX Travis Colorado R F
NEIM
779.8
810.5
714.0
681.0
681.0
618.0
29060
18955
18955
8050
PL 73–392
PL 78–534
LCRA
Mayfield Dam & Res WA Lewis Cowlitz R FER 21.4 425.0 415.0 2250 2030 FPC No 2016–A Tac WN.
McGee Creek Dam & Res OK Atoka McGee Cr F
MCR
85.3
108.0
595.5
577.7
577.1
515.1
5540
3810
3810
370
PL 94–423 USBR.
Medicine Cr Dam Harry Strunk Lk NE Frontier Medicine Cr F
ICR
52.7
26.8
2386.2
2366.1
2366.1
2343.0
3483
1840
1840
701
PL 78–534
PL 84–505
USBR.
Mossyrock Dam Davisson Lk WA Lewis Cowlitz R FER 1397.0 778.5 600.0 11830 4250 FERC No 2016–B Tac, WN
Mt Park Dam Tom Steed Res OK Kiowa W Otter Cr F
MRC
20.3
89.0
1414.0
1411.0
1411.0
1386.3
7130
6400
6400
1270
PL 90–503 USBR.
Navajo Dam & Res NM San Juan
Rio Arriba
San Juan R FEIRQ 1036.1 6085.0 5990.0 15610 7400 PL 84–485 USBR.
New Bullards Bar Dam & Res CA Yuba Yuba R FEIMR
EIMR
170.0
790.9
1956.0
1918.3
1918.3
1447.5
4809
4225
4225
129
PL 89–298 YCWA.
New Exchequer Dam & Lk CA Tuolumne Merced R FEIR
EIR
IR
400.0
451.6
171.0
867.0
799.7
660.0
799.7
660.0
467.0
7110
4849
1900
4849
1900
150
PL 86–645 Mrcd, Irr.
New Melones Dam & Lk CA Tuolumne
Calaveras
Stanislaus R FEIMR
EIMR
IMR
450.0
1670.0
300.0
1088.0
1049.5
808.0
1049.5
808.0
540.0
12500
10900
3500
10900
3500
0
PL 87–874 USBR.
Northfield Mt (Up) PS MA Franklin Connecticut E 14.0 965.0 938.0 196 134 FERC 1889 WMEC.
Norton Dam & Kieth Sebelius Lk KS Norton Prairie Dog Cr F
IMRC
98.8
30.7
2331.4
2304.3
2304.3
2280.4
5316
2181
2181
587
PL 78–534
PL 79–526
PL 79–732
USBR.
Ochoco Dam & Res OR Crook Ochoco Cr FICR 52.5 3136.2 0.0 1130 130 PL 84–992 USBR.
Oroville Dam & Lk CA Butte Feather R FEIMAR
EIMAR
750.0
2788.0
900.0
848.5
848.5
210.0
15800
13346
13346
0
PL 85–500 CA.
Pactola Dam & Res SD Pennington Rapid Cr F
IM
43.1
55.0
4621.5
4580.2
4580.2
4456.1
1230
860
860
100
PL 78–534 USBR.
Palisades Dam & Res ID Bonneville Snake R FIE 1202.0 5620.0 5452.0 16100 2170 PL 81–864 USBR.
Paonia Dam & Res CO Gunnision Muddy Cr FIR 17.0 6447.5 6373.0 334 120 PL 80–177
PL 84–485
USBR.
Pensacola Dam Grand Lake O' the Cherokees OK Mayes Grand (Neosho) R F
E
525.0
1192.0
755.0
745.0
745.0
705.0
59200
46500
46500
17000
PL 77–228 Grd, Auth.
Pineview Dam & Res UT Weber Odgen R FEIM 110.0 4900.0 4818.0 2874 0 PL 81–273 USBR.
Platoro Dam & Res CO Conejos Conejos R F
IR
6.0
54.0
10034.0
10027.5
10027.5
9911.0
947
920
920
0
PL 76–640 USBR.
Priest Rapids Dam & Res WA Grant Columbia R FER 44.0 488.0 481.5 7600 6500 FERC No 2114–A Grnt, PUD.
Prineville Dam & Res OR Crook Crooked R FIRC 233.0 3257.9 3114.0 3997 140 PL–84–992 USBR.
Prosser Cr Dam & Res CA Nevada Prosser Cr C
FC
8.6
20.0
5703.7
5761.0
5661.0
5703.7
334
745
86
334
PL 84–858
PL 85–706
USBR.
Pueblo Dam & Res CO Pueblo Arkansas R F
IR
93.0
261.4
4898.7
4880.5
4880.5
4764.0
5671
4640
4640
421
PL 87–590 USBR.
Red Willow Dam Hugh Butler Lk NE Frontier Red Willow Cr F
IRC
48.9
27.3
2604.9
2581.8
2581.8
2558.0
2682
1629
1629
787
PL 78–534
PL 85–783
PL 84–505
USBR.
Ririe Dam & Res ID Bonneville Willow Cr FIRC 99.0 5119.0 5023.0 150 360 PL 87–874 USBR.
Roanoke Rapids Dam & Res NC Halifax Roanoke R EC 16.8 132.0 128.0 4600 4100 FPC 2009 VA, Pwr.
Rocky Reach Dam Lk Entiat WA Chelan Columbia R FER 36.0 707.0 703.0 9920 9490 FERC No 2145 Chln PUD.
Rocky River PS Lk Candlewood CT Litchfield Housatonic R E 142.5 430.0 418.0 5608 4692 FERC 2576 CLPC.
Ross Dam & Res WA Whatcom Skagit R E 1052.0 1602.5 1475.0 11700 4450 FERC 553 Sttl.
Sanford Dam & Lk Meredith TX Hutchison Canadian R F
IMCRQ
462.1
761.3
2965.0
2941.3
2941.3
2860.0
21640
17320
17320
4500
PL 81–898 USBR.
Savage River Dam & Res MD Garrett Savage R FMA 20.0 1468.5 1317.0 366 0 PL 78–534 Ptmc Comm.
Scoggins Dam Henry Hagg Lk Scoggins Cr FIR 56.3 305.8 235.3 116 4 PL 89–596 USBR.
Shadehill Dam & Res SD Perkins Grand R F
IQ
218.3
80.9
2302.0
2271.9
2271.9
2250.8
9900
4800
4800
2800
PL 78–534 USBR.
Shasta Dam Lk CA Shasta Sacramento R FEIA
EIA
1300.0
3241.0
1067.0
1018.6
1018.6
735.8
29570
23894
23894
2200
PL 75–392 USBR.
Shepaug Dam & Lk CT Litchfield Housatonic R E 5.0 200.0 172.0 1882 1125 FERC 2576 CLPC.
Smith Mtn Dam & Res VA Bedford
Franklin
Roanoke
Pttsylvnia
Roanoke R E 40.8 795.0 793.0 20600 20200 Fed Pwr Act Appl Pwr.
Stampede Dam & Res CA Sierra Little Truckee R FEM
EM
22.0
199.4
5949.0
5942.0
5942.1
5798.0
3430
3230
3230
210
PL 84–858 USBR.
Starvation Dam and Res UT Duchesne Strawberry R FIM 165.3 5712.0 5595.0 3310 689 PL 84–485 USBR.
Stevens Creek Dam & Res GA Columbia Savannah River P 10.5 187.5 183.0 4300 0 FERC 2535 SC E&G.
Stevenson Dam Lk Zoar CT Litchfield Housatonic R E 5.0 108.0 80.0 1148 516 FERC 2576 CLPC.
Summer Dam & Lk NM De Baca Pecos R FI 51.4 4261.0 4200.0 2835 0 PL 83–780 USBR.
Tat Momolikot Dam & Lake AZ Pinal Santa Rosa Wash FIC 198.5 1539.0 1480.0 11790 0 PL 89–298 BIA.
Tiber Dam & Res MT Libert Toole Marias R F
FIQ
IQ
400.9
268.0
121.7
3012.5
2993.0
2976.0
2993.0
2976.0
2966.4
23150
17890
13790
17890
13790
11710
PL 78–534 USBR.
Trenton Dam & Res NB Hitchcock Republican R F
IRC
134.1
99.8
2773.0
2752.0
2752.0
2720.0
7940
4922
4922
1572
PL 78–534
PL 84–505
USBR.
Turners Falls (Low) Dam & Lk MA Franklin Connecticut R E 8.7 185.0 176.0 2110 1880 FERC 1889 WMEC
Twin Buttes Dam & Lake TX Tom Green Concho R F
IM
454.4
150.0
1969.1
1940.2
1940.2
1885.0
23510
9080
23510
670
PL 85–152
PL 78–534
USBR
Twitchell Dam & Res CA Santa Barbara Cuyama R F
IM
89.8
135.6
651.5
623.0
623.0
504.0
3671
2556
2556
0
PL 83–774 USBR
Upper Baker Dam Baker Lk WA Whatcom Baker R FE 184.6 724.0 674.0 4985 2375 PL 89–298
FERC 2150B
Pgt
P&L
Vallecito Dam & Res CO La Plata Los Pinos R FEI 125.4 7665.0 7582.5 2720 350 PL 61–288
PL 68–292
USBR
Vernon Dam & Lk VT Windham Connecticut R E 18.3 220.1 212.1 2550 1980 FERC 1904 NEPC
Wanapum Dam & Res WA Grant Columbia R FER 151.6 571.5 560.0 14300 13350 FERC No 2114–B Grnt
PUD
Wanship Dam & Rockport UT Summit Weber R FEIM 61.0 6037.0 5930.0 1077 121 PL 81–273 USBR
Warm Springs Dam & Res OR Malheur Middle Fork Malheur R FICR 191.0 3406.0 3327.0 460 90 PL 78–534 Vale
USBR
Waterbury Dam & Res VT Washington Little R FP 27.7 617.5 592.0 1330 890 PL 78–534 VT
Webster Dam & Res KS Rocks S Fork Solomon R F
IRC
183.4
72.1
1923.7
1892.5
1892.5
1860.0
8480
3772
3772
906
PL 78–534
PL 79–526
PL 79–732
USBR
Weiss Dam & Res AL Cherokee Coosa R F
E
397.0
148.4
574.0
564.0
564.0
558.0
50000
30200
30200
19545
PL 83–436 AL Pwr
Wells Dam L Pateros WA Douglas Columbia R FER 74.0 781.0 771.0 10000 8000 FERC No 2149 Dgls
PUD
Wilder Dam & Lk VT Windsor Connecticut R E 13.3 385.0 380.0 3100 2240 FERC 1893 NEPC
Yellowtail Dam & Bighorn Lk MT Big Horn Bighorn R F
FEIQ
EIQ
258.3
240.3
336.1
3657.0
3640.0
3614.0
3640.0
3614.0
3547.0
17280
12600
6915
12600
6915
4150
PL 78–534 USBR
PUD

[43 FR 47184, Oct. 13, 1978, as amended at 46 FR 58075, Nov. 30, 1981; 55 FR 21508, May 24, 1990; 79 FR 13564, Mar. 11, 2014]


Tried the LawStack mobile app?

Join thousands and try LawStack mobile for FREE today.

  • Carry the law offline, wherever you go.
  • Download CFR, USC, rules, and state law to your mobile device.