II 

118TH CONGRESS 

2D SESSION S. 5439 

To provide for water conservation, drought operations, and drought resilience 

at water resources development projects, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 5, 2024 

Mr. KELLY (for himself and Mr. PADILLA) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

To provide for water conservation, drought operations, and 

drought resilience at water resources development 

projects, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Drought Resilient In5 frastructure Act of 2024’’. 

6 SEC. 2. DEFINITION OF SECRETARY. 

7 In this Act, the term ‘‘Secretary’’ means the Sec8 retary of the Army. 


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1 SEC. 3. DECLARATION OF POLICY. 

2 (a) IN GENERAL.—It is the policy of the United 

3 States for the Corps of Engineers, consistent with applica4 ble statutory authorities— 

5 (1) to maximize opportunities for water supply, 

6 water conservation measures, and drought resiliency 

7 efforts at and in the operation of water resources de8 velopment projects; 

9 (2) in accordance with section 301(a) of the 

10 Water Supply Act of 1958 (43 U.S.C. 390b(a)), to 

11 participate and cooperate with States and local in12 terests in developing water supplies for domestic, 

13 municipal, industrial, and other authorized purposes 

14 in connection with the construction, maintenance, 

15 and operation of water resources development 

16 projects; and 

17 (3) in coordination with non-Federal interests, 

18 to enable the adoption of water conservation meas19 ures and drought resiliency measures that are in 

20 alignment with the authorized purposes of water re21 sources development projects. 

22 (b) FULL CONSIDERATION.—In support of subsection 

23 (a), the Secretary shall give full consideration to requests 

24 and proposals from non-Federal interests to utilize the au25 thorities of the Corps of Engineers in furtherance of water 

26 supply features, water conservation measures, and 


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1 drought resiliency efforts that are in alignment the au2 thorized purposes of water resources development projects. 

3 (c) LIMITATION.—Nothing in this section— 

4 (1) affects, modifies, or changes— 

5 (A) the authority of a State to manage, 

6 use, or allocate the water resources of that 

7 State; 

8 (B) any water right in existence on the 

9 date of enactment of this Act; 

10 (C) any existing water supply agreements 

11 between the Secretary and a non-Federal inter12 est; 

13 (D) the authorized purposes of a water re14 sources development project; or 

15 (E) any existing Corps of Engineers au16 thorities; 

17 (2) preempts or affects any State water law or 

18 interstate compact governing water; 

19 (3) diminishes the other priorities and the pri20 mary or secondary missions of the Corps of Engi21 neers; or 

22 (4) shall be interpreted to supersede or modify 

23 any written agreement between the Federal Govern24 ment and a non-Federal interest that is in effect on 

25 the date of enactment of this Act. 


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1 SEC. 4. FORECAST-INFORMED RESERVOIR OPERATIONS. 

2 (a) IN GENERAL.—In updating a water control man3 ual for any reservoir constructed, owned, or operated by 

4 the Secretary, including a reservoir for which the Sec5 retary is authorized to prescribe regulations for the use 

6 of storage allocated for flood control or navigation pursu7 ant to section 7 of the Act of December 22, 1944 (com8 monly known as the ‘‘Flood Control Act of 1944’’) (58 

9 Stat. 890, chapter 665; 33 U.S.C. 709), the Secretary 

10 shall, to the maximum extent practicable, incorporate the 

11 use of forecast-informed reservoir operations, subject to 

12 the availability of appropriations. 

13 (b) GUIDELINES.—The Secretary, in coordination 

14 with relevant Federal and State agencies and non-Federal 

15 interests, shall issue clear and concise guidelines for incor16 porating the use of forecast-informed reservoir operations 

17 into water control manuals for reservoirs described in sub18 section (a). 

19 (c) ASSESSMENT.— 

20 (1) REQUIREMENT.—The Secretary shall carry 

21 out an assessment of geographically diverse res22 ervoirs described in subsection (a) to determine the 

23 viability of using forecast-informed reservoir oper24 ations at such reservoirs. 


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1 (2) PRIORITY AREAS.—In carrying out the as2 sessment described in paragraph (1), the Secretary 

3 shall include an assessment of— 

4 (A) each reservoir located in the South Pa5 cific Division of the Corps of Engineers; and 

6 (B) reservoirs located in each of the 

7 Northwestern Division and the South Atlantic 

8 Division of the Corps of Engineers. 

9 (3) CONSULTATION.—In carrying out this sub10 section, the Secretary shall consult with relevant 

11 Federal and State agencies and non-Federal inter12 ests. 

13 (d) SAVINGS PROVISION.—Nothing in this section 

14 preempts or affects any State water law or any interstate 

15 compact governing water, or otherwise restricts, affects, 

16 or amends any other law or the authority of any depart17 ment, instrumentality, or agency of the United States re18 lated to the operation of reservoirs described in subsection 

19 (a). 

20 SEC. 5. UPDATES TO CERTAIN WATER CONTROL MANUALS. 

21 Section 8109 of the Water Resources Development 

22 Act of 2022 (136 Stat. 3702) is amended by inserting ‘‘or 

23 that incorporate the use of forecast-informed reservoir op24 erations into such manuals’’ before the period at the end. 


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1 SEC. 6. EMERGENCY DROUGHT OPERATIONS PILOT PRO2 GRAM. 

3 (a) DEFINITION OF COVERED PROJECT.—In this sec4 tion, the term ‘‘covered project’’ means a project— 

5 (1) that is located in the State of California, 

6 the State of Nevada, or the State of Arizona; and 

7 (2)(A) of the Corps of Engineers for which 

8 water supply is an authorized purpose; or 

9 (B) for which the Secretary develops a water 

10 control manual under section 7 of the Act of Decem11 ber 22, 1944 (commonly known as the ‘‘Flood Con12 trol Act of 1944’’) (58 Stat. 890, chapter 665; 33 

13 U.S.C. 709). 

14 (b) EMERGENCY OPERATION DURING DROUGHT.— 

15 Consistent with other authorized project purposes and in 

16 coordination with the non-Federal interest, in operating 

17 a covered project during a drought emergency in the 

18 project area, the Secretary may carry out a pilot program 

19 to operate the covered project with water supply as the 

20 primary project purpose. 

21 (c) UPDATES.—In carrying out this section, the Sec22 retary may update the water control manual for a covered 

23 project to include drought operations and contingency 

24 plans. 

25 (d) REQUIREMENTS.—In carrying out subsection (b), 

26 the Secretary shall ensure that— 


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1 (1) operations described in that subsection— 

2 (A) are consistent with water management 

3 deviations and drought contingency plans in the 

4 water control manual for the covered project; 

5 (B) impact only the flood pool managed by 

6 the Secretary; and 

7 (C) shall not be carried out in the event of 

8 a forecast or anticipated flood or weather event 

9 that would require flood risk management to 

10 take precedence; 

11 (2) to the maximum extent practicable, the Sec12 retary uses forecast-informed reservoir operations; 

13 and 

14 (3) the covered project returns to the operations 

15 that were in place prior to the use of the authority 

16 provided under that subsection at a time determined 

17 by the Secretary, in coordination with the non-Fed18 eral interest. 

19 (e) CONTRIBUTED FUNDS.—The Secretary may re20 ceive and expend funds contributed by a non-Federal in21 terest to carry out activities under this section. 

22 (f) REPORT.— 

23 (1) IN GENERAL.—Not later than 2 years after 

24 the date of enactment of this Act, the Secretary 

25 shall submit to the Committee on Environment and 


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1 Public Works of the Senate and the Committee on 

2 Transportation and Infrastructure of the House of 

3 Representatives a report on the pilot program car4 ried out under this section. 

5 (2) INCLUSIONS.—The Secretary shall include 

6 in the report under paragraph (1) a description of 

7 the activities of the Secretary that were carried out 

8 for each covered project and any lessons learned 

9 from carrying out those activities. 

10 (g) LIMITATIONS.—Nothing in this section— 

11 (1) affects, modifies, or changes the authorized 

12 purposes of a covered project; 

13 (2) affects existing Corps of Engineers authori14 ties, including authorities with respect to navigation, 

15 hydropower, flood damage reduction, and environ16 mental protection and restoration; 

17 (3) affects the ability of the Corps of Engineers 

18 to provide for temporary deviations; 

19 (4) affects the application of a cost-share re20 quirement under section 101, 102, or 103 of the 

21 Water Resources Development Act of 1986 (33 

22 U.S.C. 2211, 2212, 2213); 

23 (5) supersedes or modifies any written agree24 ment between the Federal Government and a nonVerDate Sep 11 2014 01:52 Dec 31, 2024 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S5439.IS S5439

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1 Federal interest that is in effect on the date of en2 actment of this Act; 

3 (6) supersedes or modifies any amendment to 

4 an existing multistate water control plan for the Col5 orado River Basin, if applicable; 

6 (7) affects any water right in existence on the 

7 date of enactment of this Act; 

8 (8) preempts or affects any State water law or 

9 interstate compact governing water; 

10 (9) affects existing water supply agreements be11 tween the Secretary and a non-Federal interest; or 

12 (10) affects any obligation to comply with the 

13 provisions of any Federal or State environmental 

14 law, including— 

15 (A) the National Environmental Policy Act 

16 of 1969 (42 U.S.C. 4321 et seq.); 

17 (B) the Federal Water Pollution Control 

18 Act (33 U.S.C. 1251 et seq.); and 

19 (C) the Endangered Species Act of 1973 

20 (16 U.S.C. 1531 et seq.). 

21 SEC. 7. LEVERAGING FEDERAL INFRASTRUCTURE FOR IN22 CREASED WATER SUPPLY. 

23 Section 1118(i) of Water Resources Development Act 

24 of 2016 (43 U.S.C. 390b–2(i)) is amended by striking 

25 paragraph (2) and inserting the following: 


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1 ‘‘(2) CONTRIBUTED FUNDS FOR OTHER FED2 ERAL RESERVOIR PROJECTS.— 

3 ‘‘(A) IN GENERAL.—The Secretary is au4 thorized to receive and expend funds from a 

5 non-Federal interest or a Federal agency that 

6 owns a Federal reservoir project described in 

7 subparagraph (B) to formulate, review, or re8 vise operational documents pursuant to a pro9 posal submitted in accordance with subsection 

10 (a) for such a Federal reservoir project. 

11 ‘‘(B) FEDERAL RESERVOIR PROJECTS DE12 SCRIBED.—A Federal reservoir project referred 

13 to in subparagraph (A) is a reservoir for which 

14 the Secretary is authorized to prescribe regula15 tions for the use of storage allocated for flood 

16 control or navigation pursuant to section 7 of 

17 the Act of December 22, 1944 (commonly 

18 known as the ‘Flood Control Act of 1944’) (58 

19 Stat. 890, chapter 665; 33 U.S.C. 709).’’. 

20 SEC. 8. STUDIES FOR MODIFICATION OF PROJECT PUR21 POSES IN THE COLORADO RIVER BASIN IN 

22 ARIZONA. 

23 (a) STUDY.—The Secretary shall carry out a study 

24 of a project of the Corps of Engineers in the Colorado 

25 River Basin in the State of Arizona to determine whether 


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1 to include water supply as a project purpose of that 

2 project if a request for such a study to modify the project 

3 purpose is made to the Secretary by— 

4 (1) the non-Federal interest for the project; or 

5 (2) in the case of a project for which there is 

6 no non-Federal interest, the Governor of the State 

7 of Arizona. 

8 (b) COORDINATION.—The Secretary, to the max9 imum extent practicable, shall coordinate with relevant 

10 State and local authorities in carrying out this section. 

11 (c) RECOMMENDATIONS.—If, after carrying out a 

12 study under subsection (a) with respect to a project de13 scribed in that subsection, the Secretary determines that 

14 water supply should be included as a project purpose for 

15 that project, the Secretary shall submit to the Committee 

16 on Environment and Public Works of the Senate and the 

17 Committee on Transportation and Infrastructure of the 

18 House of Representatives a recommendation for the modi19 fication of the project purpose of that project. 

20 SEC. 9. INVASIVE SPECIES THAT EXACERBATE DROUGHT. 

21 Section 206 of the Water Resources Development Act 

22 of 1996 (33 U.S.C. 2330) is amended— 

23 (1) in subsection (a), by adding at the end the 

24 following: 


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1 ‘‘(4) DROUGHT RESILIENCE.—A project under 

2 this section may include measures that enhance 

3 drought resilience through the restoration of wet4 lands or the removal of invasive species.’’; 

5 (2) in subsection (b), by adding at the end the 

6 following: 

7 ‘‘(3) ANADROMOUS FISH.—Notwithstanding 

8 paragraph (1), for projects carried out under sub9 section (a)(3), the non-Federal interest shall provide 

10 15 percent of the cost of construction, including pro11 vision of all lands, easements, rights-of-way, and 

12 necessary relocations.’’; 

13 (3) in subsection (d), by striking 

14 ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’; and 

15 (4) in subsection (f), by striking ‘‘$62,500,000’’ 

16 and inserting ‘‘$75,000,000’’. 

17 SEC. 10. PROJECT MODIFICATIONS FOR IMPROVEMENT OF 

18 ENVIRONMENT OR DROUGHT RESILIENCY. 

19 Section 1135 of the Water Resources Development 

20 Act of 1986 (33 U.S.C. 2309a) is amended— 

21 (1) in the section heading, by inserting ‘‘OR

22 DROUGHT RESILIENCY’’ after ‘‘ENVIRONMENT’’; 

23 (2) in subsection (a)— 


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1 (A) by striking ‘‘for the purpose of improv2 ing’’ and inserting the following: ‘‘for the pur3 pose of— 

4 ‘‘(1) improving’’; 

5 (B) in paragraph (1) (as so designated), by 

6 striking the period at the end and inserting ‘‘; 

7 or’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(2) providing drought resiliency.’’; 

10 (3) in subsection (b), by striking ‘‘(2) will im11 prove’’ and inserting ‘‘(2) will provide for drought 

12 resilience or will improve’’; 

13 (4) in subsection (d), in the third sentence, by 

14 striking ‘‘$10,000,000’’ and inserting 

15 ‘‘$15,000,000’’; 

16 (5) in subsection (h), by striking 

17 ‘‘$50,000,000’’ and inserting ‘‘$62,000,000’’; and 

18 (6) by adding at the end the following: 

19 ‘‘(j) DROUGHT RESILIENCE.—Drought resilience 

20 measures carried out under this section may include— 

21 ‘‘(1) water conservation measures to mitigate 

22 and address drought conditions; 

23 ‘‘(2) removal of sediment captured behind a 

24 dam for the purpose of restoring or increasing the 

25 authorized storage capacity of the project concerned; 


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1 ‘‘(3) the planting of native plant species that 

2 will reduce the risk of drought and the incidence of 

3 nonnative species; and 

4 ‘‘(4) other actions that increase drought resil5 ience, water conservation, or water availability.’’. 

6 SEC. 11. SILVER JACKETS PROGRAM. 

7 The Secretary shall continue the Silver Jackets pro8 gram established by the Secretary pursuant to section 206 

9 of the Flood Control Act of 1960 (33 U.S.C. 709a) and 

10 section 204 of the Robert T. Stafford Disaster Relief and 

11 Emergency Assistance Act (42 U.S.C. 5134). 

Æ 


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