Corps of Engineers, Dept. of the Army, DoD § 208.10

PART 208—FLOOD CONTROL sponsible for the efficient operation REGULATIONS and maintenance of all of the struc- tures and facilities during flood periods Sec. and for continuous inspection and 208.10 Local flood protection works; mainte- maintenance of the project works dur- nance and operation of structures and fa- ing periods of low water, all without cilities. cost to the United States. 208.11 Regulations for use of storage allo- (3) A reserve supply of materials cated for flood control or navigation and/ or project operation at reservoirs subject needed during a flood emergency shall to prescription of rules and regulations be kept on hand at all times. by the Secretary of the Army in the in- (4) No encroachment or trespass terest of flood control and navigation. which will adversely affect the effi- 208.19 Marshall Ford Dam and Reservoir cient operation or maintenance of the (Mansfield Dam and Lake Travis), Colo- project works shall be permitted upon rado River, Tex. 208.22 Twin Buttes Dam and Reservoir, Mid- the rights-of-way for the protective fa- dle and South Concho Rivers, Tex. cilities. 208.25 Pensacola Dam and Reservoir, Grand (5) No improvement shall be passed (Neosho) River, Okla. over, under, or through the walls, lev- 208.26 Altus Dam and Reservoir, North Fork ees, improved channels or floodways, Red River, Okla. nor shall any excavation or construc- 208.27 Fort Cobb Dam and Reservoir, Pond (Cobb) Creek, Oklahoma. tion be permitted within the limits of 208.28 Foss Dam and Reservoir, Washita the project right-of-way, nor shall any River, Oklahoma. change be made in any feature of the 208.29 Arbuckle Dam and Lake of the Ar- works without prior determination by buckles, Rock Creek, Okla. the District Engineer of the Depart- 208.32 Sanford Dam and Lake Meredith, Ca- ment of the Army or his authorized nadian River, Tex. representative that such improvement, 208.33 Cheney Dam and Reservoir, North Fork of Ninnescah River, Kans. excavation, construction, or alteration 208.34 Norman Dam and Lake Thunderbird, will not adversely affect the func- Little River, Okla. tioning of the protective facilities. 208.82 Hetch Hetchy, Cherry Valley, and Such improvements or alterations as Don Pedro Dams and Reservoirs. may be found to be desirable and per- AUTHORITY: Sec. 7, 58 Stat. 890; 33 U.S.C. missible under the above determina- 709. tion shall be constructed in accordance with standard engineering practice. § 208.10 Local flood protection works; Advice regarding the effect of proposed maintenance and operation of structures and facilities. improvements or alterations on the functioning of the project and informa- (a) General. (1) The structures and fa- tion concerning methods of construc- cilities constructed by the United tion acceptable under standard engi- States for local flood protection shall neering practice shall be obtained from be continuously maintained in such a the District Engineer or, if otherwise manner and operated at such times and for such periods as may be necessary to obtained, shall be submitted for his ap- obtain the maximum benefits. proval. Drawings or prints showing (2) The State, political subdivision such improvements or alterations as fi- thereof, or other responsible local nally constructed shall be furnished agency, which furnished assurance that the District Engineer after completion it will maintain and operate flood con- of the work. trol works in accordance with regula- (6) It shall be the duty of the super- tions prescribed by the Secretary of intendent to submit a semiannual re- the Army, as required by law, shall ap- port to the District Engineer covering point a permanent committee con- inspection, maintenance, and operation sisting of or headed by an official here- of the protective works. inafter called the ‘‘Superintendent,’’ (7) The District Engineer or his au- who shall be responsible for the devel- thorized representatives shall have ac- opment and maintenance of, and di- cess at all times to all portions of the rectly in charge of, an organization re- protective works.

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(8) Maintenance measures or repairs (vii) No action is being taken, such as which the District Engineer deems nec- burning grass and weeds during inap- essary shall be promptly taken or propriate seasons, which will retard or made. destroy the growth of sod; (9) Appropriate measures shall be (viii) Access roads to and on the levee taken by local authorities to insure are being properly maintained; that the activities of all local organiza- (ix) Cattle guards and gates are in tions operating public or private facili- good condition; ties connected with the protective (x) Crown of levee is shaped so as to works are coordinated with those of drain readily, and roadway thereon, if the Superintendent’s organization dur- any, is well shaped and maintained; ing flood periods. (xi) There is no unauthorized grazing (10) The Department of the Army will or vehicular traffic on the levees; furnish local interests with an Oper- (xii) Encroachments are not being ation and Maintenance Manual for made on the levee right-of-way which each completed project, or separate might endanger the structure or hinder useful part thereof, to assist them in its proper and efficient functioning carrying out their obligations under during times of emergency. this part. Such inspections shall be made imme- (b) Levees—(1) Maintenance. The Su- diately prior to the beginning of the perintendent shall provide at all times flood season; immediately following such maintenance as may be required each major high water period, and oth- to insure serviceability of the struc- erwise at intervals not exceeding 90 tures in time of flood. Measures shall days, and such intermediate times as be taken to promote the growth of sod, may be necessary to insure the best exterminate burrowing animals, and to possible care of the levee. Immediate provide for routine mowing of the grass steps will be taken to correct dan- and weeds, removal of wild growth and gerous conditions disclosed by such in- drift deposits, and repair of damage spections. Regular maintenance repair caused by erosion or other forces. measures shall be accomplished during Where practicable, measures shall be the appropriate season as scheduled by taken to retard bank erosion by plant- the Superintendent. ing of willows or other suitable growth on areas riverward of the levees. Peri- (2) Operation. During flood periods odic inspections shall be made by the the levee shall be patrolled continu- Superintendent to insure that the ously to locate possible sand boils or above maintenance measures are being unusual wetness of the landward slope effectively carried out and, further, to and to be certain that: be certain that: (i) There are no indications of slides (i) No unusual settlement, sloughing, or sloughs developing; or material loss of grade or levee cross (ii) Wave wash or scouring action is section has taken place; not occurring; (ii) No caving has occurred on either (iii) No low reaches of leave exist the land side or the river side of the which may be overtopped; levee which might affect the stability (iv) No other conditions exist which of the levee section; might endanger the structure. (iii) No seepage, saturated areas, or Appropriate advance measures will be sand boils are occurring; taken to insure the availability of ade- (iv) Toe drainage systems and pres- quate labor and materials to meet all sure relief wells are in good working contingencies. Immediate steps will be condition, and that such facilities are taken to control any condition which not becoming clogged; endangers the levee and to repair the (v) Drains through the levees and damaged section. gates on said drains are in good work- (c) Flood walls—(1) Maintenance. Peri- ing condition; odic inspections shall be made by the (vi) No revetment work or riprap has Superintendent to be certain that: been displaced, washed out, or re- (i) No seepage, saturated areas, or moved; sand boils are occurring;

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(ii) No undue settlement has occurred examined, oiled, and trial operated at which affects the stability of the wall least once every 90 days. Where drain- or its water tightness; age structures are provided with stop (iii) No trees exist, the roots of which log or other emergency closures, the might extend under the wall and offer condition of the equipment and its accelerated seepage paths; housing shall be inspected regularly (iv) The concrete has not undergone and a trial installation of the emer- cracking, chipping, or breaking to an gency closure shall be made at least extent which might affect the stability once each year. Periodic inspections of the wall or its water tightness; shall be made by the Superintendent to (v) There are no encroachments upon be certain that: the right-of-way which might endanger (i) Pipes, gates, operating mecha- the structure or hinder its functioning nism, riprap, and headwalls are in good in time of flood; condition; (vi) Care is being exercised to prevent (ii) Inlet and outlet channels are accumulation of trash and debris adja- open; cent to walls, and to insure that no (iii) Care is being exercised to pre- fires are being built near them; vent the accumulation of trash and de- (vii) No bank caving conditions exist bris near the structures and that no riverward of the wall which might en- fires are being built near bituminous danger its stability; coated pipes; (viii) Toe drainage systems and pres- (iv) Erosion is not occurring adjacent sure relief wells are in good working to the structure which might endanger condition, and that such facilities are its water tightness or stability. not becoming clogged. Such inspections shall be made imme- Immediate steps will be taken to repair diately prior to the beginning of the damage, replace missing or broken flood season, immediately following parts, or remedy adverse conditions each major high water period, and oth- disclosed by such inspections. erwise at intervals not exceeding 90 (2) Operation. Whenever high water days. Measures to eliminate encroach- conditions impend, all gates will be in- ments and effect repairs found nec- spected a short time before water essary by such inspections shall be un- reaches the invert of the pipe and any dertaken immediately. All repairs object which might prevent closure of shall be accomplished by methods ac- the gate shall be removed. Automatic ceptable in standard engineering prac- gates shall be closely observed until it tice. has been ascertained that they are se- (2) Operation. Continuous patrol of curely closed. Manually operated gates the wall shall be maintained during and valves shall be closed as necessary flood periods to locate possible leakage to prevent inflow of flood water. All at monolith joints or seepage under- drainage structures in levees shall be neath the wall. Floating plant or boats inspected frequently during floods to will not be allowed to lie against or tie ascertain whether seepage is taking up to the wall. Should it become nec- place along the lines of their contact essary during a flood emergency to with the embankment. Immediate pass anchor cables over the wall, ade- steps shall be taken to correct any ad- quate measures shall be taken to pro- verse condition. tect the concrete and construction (e) Closure structures—(1) Mainte- joints. Immediate steps shall be taken nance. Closure structures for traffic to correct any condition which endan- openings shall be inspected by the Su- gers the stability of the wall. perintendent every 90 days to be cer- (d) Drainage structures—(1) Mainte- tain that: nance. Adequate measures shall be (i) No parts are missing; taken to insure that inlet and outlet (ii) Metal parts are adequately cov- channels are kept open and that trash, ered with paint; drift, or debris is not allowed to accu- (iii) All movable parts are in satisfac- mulate near drainage structures. Flap tory working order; gates and manually operated gates and (iv) Proper closure can be made valves on drainage structures shall be promptly when necessary;

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(v) Sufficient materials are on hand lights or lanterns for emergency light- for the erection of sand bag closures ing shall be kept on hand at all times. and that the location of such materials Telephone service shall be maintained will be readily accessible in times of at pumping plants. All equipment, in- emergency. cluding switch gear, transformers, mo- Tools and parts shall not be removed tors, pumps, valves, and gates shall be for other use. Trial erections of one or trial operated and checked at least more closure structures shall be made once every 90 days. Megger tests of all once each year, alternating the struc- insulation shall be made whenever wir- tures chosen so that each gate will be ing has been subjected to undue damp- erected at least once in each 3-year pe- ness and otherwise at intervals not to riod. Trial erection of all closure struc- exceed one year. A record shall be kept tures shall be made whenever a change showing the results of such tests. Wir- is made in key operating personnel. ing disclosed to be in an unsatisfactory Where railroad operation makes trial condition by such tests shall be erection of a closure structure infeasi- brought to a satisfactory condition or ble, rigorous inspection and drill of op- shall be promptly replaced. Diesel and erating personnel may be substituted gasoline engines shall be started at therefor. Trial erection of sand bag clo- such intervals and allowed to run for sures is not required. Closure materials such length of time as may be nec- will be carefully checked prior to and essary to insure their serviceability in following flood periods, and damaged times of emergency. Only skilled elec- or missing parts shall be repaired or re- tricians and mechanics shall be em- placed immediately. ployed on tests and repairs. Operating (2) Operation. Erection of each mov- personnel for the plant shall be present able closure shall be started in suffi- during tests. Any equipment removed cient time to permit completion before from the station for repair or replace- flood waters reach the top of the struc- ment shall be returned or replaced as ture sill. Information regarding the soon as practicable and shall be trial proper method of erecting each indi- operated after reinstallation. Repairs vidual closure structure, together with requiring removal of equipment from an estimate of the time required by an the plant shall be made during off-flood experienced crew to complete its erec- seasons insofar as practicable. tion will be given in the Operation and (2) Operation. Competent operators Maintenance Manual which will be fur- shall be on duty at pumping plants nished local interests upon completion whenever it appears that necessity for of the project. Closure structures will pump operation is imminent. The oper- be inspected frequently during flood ator shall thoroughly inspect, trial op- periods to ascertain that no undue erate, and place in readiness all plant leakage is occurring and that drains equipment. The operator shall be fa- provided to care for ordinary leakage miliar with the equipment manufactur- are functioning properly. Boats or ers’ instructions and drawings and with floating plant shall not be allowed to the ‘‘Operating Instructions’’ for each tie up to closure structures or to dis- station. The equipment shall be oper- charge passengers or cargo over them. ated in accordance with the above- (f) Pumping plants—(1) Maintenance. mentioned ‘‘Operating Instructions’’ Pumping plants shall be inspected by and care shall be exercised that proper the Superintendent at intervals not to lubrication is being supplied all equip- exceed 30 days during flood seasons and ment, and that no overheating, undue 90 days during off-flood seasons to in- vibration or noise is occurring. Imme- sure that all equipment is in order for diately upon final recession of flood instant use. At regular intervals, prop- waters, the pumping station shall be er measures shall be taken to provide thoroughly cleaned, pump house sumps for cleaning plant, buildings, and flushed, and equipment thoroughly in- equipment, repainting as necessary, spected, oiled and greased. A record or and lubricating all machinery. Ade- log of pumping plant operation shall be quate supplies of lubricants for all kept for each station, a copy of which types of machines, fuel for gasoline or shall be furnished the District Engi- diesel powered equipment, and flash neer following each flood.

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(g) Channels and floodways—(1) Main- protective works and other structures tenance. Periodic inspections of im- and facilities which function as a part proved channels and floodways shall be of, or affect the efficient functioning of made by the Superintendent to be cer- the protective works, shall be periodi- tain that: cally inspected by the Superintendent (i) The channel or floodway is clear and appropriate maintenance measures of debris, weeds, and wild growth; taken. Damaged or unserviceable parts (ii) The channel or floodway is not shall be repaired or replaced without being restricted by the depositing of delay. Areas used for ponding in con- waste materials, building of unauthor- nection with pumping plants or for ized structures or other encroach- temporary storage of interior run-off ments; during flood periods shall not be al- (iii) The capacity of the channel or lowed to become filled with silt, debris, floodway is not being reduced by the or dumped material. The Super- formation of shoals; intendent shall take proper steps to (iv) Banks are not being damaged by prevent restriction of bridge openings rain or wave wash, and that no slough- and, where practicable, shall provide ing of banks has occurred; for temporary raising during floods of (v) Riprap sections and deflection bridges which restrict channel capac- dikes and walls are in good condition; ities during high flows. (vi) Approach and egress channels ad- (2) Operation. Miscellaneous facilities jacent to the improved channel or shall be operated to prevent or reduce floodway are sufficiently clear of ob- flooding during periods of high water. structions and debris to permit proper Those facilities constructed as a part functioning of the project works. of the protective works shall not be Such inspections shall be made prior to used for purposes other than flood pro- the beginning of the flood season and tection without approval of the Dis- otherwise at intervals not to exceed 90 trict Engineer unless designed therefor. days. Immediate steps will be taken to (Sec. 3, 49 Stat. 1571, as amended; 33 U.S.C. remedy any adverse conditions dis- 701c) closed by such inspections. Measures will be taken by the Superintendent to [9 FR 9999, Aug. 17, 1944; 9 FR 10203, Aug. 22, 1944] promote the growth of grass on bank slopes and earth deflection dikes. The § 208.11 Regulations for use of storage Superintendent shall provide for peri- allocated for flood control or navi- odic repair and cleaning of debris ba- gation and/or project operation at sins, check dams, and related struc- reservoirs subject to prescription of tures as may be necessary. rules and regulations by the Sec- (2) Operation. Both banks of the chan- retary of the Army in the interest of nel shall be patrolled during periods of flood control and navigation. high water, and measures shall be (a) Purpose. This regulation pre- taken to protect those reaches being scribes the responsibilities and general attacked by the current or by wave procedures for regulating reservoir wash. Appropriate measures shall be projects capable of regulation for flood taken to prevent the formation of jams control or navigation and the use of of ice or debris. Large objects which be- storage allocated for such purposes and come lodged against the bank shall be provided on the basis of flood control removed. The improved channel or and navigation, except projects owned floodway shall be thoroughly inspected and operated by the Corps of Engi- immediately following each major high neers; the International Boundary and water period. As soon as practicable Water Commission, United States and thereafter, all snags and other debris Mexico; and those under the jurisdic- shall be removed and all damage to tion of the International Joint Com- banks, riprap, deflection dikes and mission, United States, and Canada, walls, drainage outlets, or other flood and the Columbia River Treaty. The in- control structures repaired. tent of this regulation is to establish (h) Miscellaneous facilities—(1) Mainte- an understanding between project own- nance. Miscellaneous structures and fa- ers, operating agencies, and the Corps cilities constructed as a part of the of Engineers.

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(b) Responsibilities. The basic respon- name of the project appears in the FEDERAL sibilities of the Corps of Engineers re- REGISTER in accordance with the require- garding project operation are set out in ments of paragraph 6k. When agreement on a the cited authority and described in water control plan cannot be reached be- the following paragraphs: tween the Corps and the project owner after coordination with all interested parties, the (1) Section 7 of the Flood Control Act project name will be entered in the FEDERAL of 1944 (58 Stat. 890, 33 U.S.C. 709) di- REGISTER and the Corps of Engineers plan rects the Secretary of the Army to pre- will be the official water control plan until scribe regulations for flood control and such time as differences can be resolved. navigation in the following manner: (3) Federal Energy Regulatory Com- Hereafter, it shall be the duty of the Sec- mission (FERC), formerly Federal retary of War to prescribe regulations for the Power Commission (FPC), Licenses. use of storage allocated for flood control or navigation at all reservoirs constructed (i) Responsibilities of the Secretary wholly or in part with Federal funds pro- of the Army and/or the Chief of Engi- vided on the basis of such purposes, and the neers in FERC licensing actions are set operation of any such project shall be in ac- forth in reference 3c above and perti- cordance with such regulations: Provided, nent sections are cited herein. The That this section shall not apply to the Ten- Commission may further stipulate as a nessee Valley Authority, except that in case licensing condition, that a licensee of danger from floods on the lower Ohio and Mississippi Rivers the Tennessee Valley Au- enter into an agreement with the De- thority is directed to regulate the release of partment of the Army providing for op- water from the Tennessee River into the eration of the project during flood Ohio River in accordance with such instruc- times, in accordance with rules and tions as may be issued by the War Depart- regulations prescribed by the Secretary ment. of the Army. (2) Section 9 of Public Law 436–83d (A) Section 4(e) of the Federal Power Congress (68 Stat. 303) provides for the Act requires approval by the Chief of development of the Coosa River, Ala- Engineers and the Secretary of the bama and Georgia, and directs the Sec- Army of plans of dams or other struc- retary of the Army to prescribe rules tures affecting the navigable capacity and regulations for project operation in of any navigable waters of the United the interest of flood control and navi- States, prior to issuance of a license by gation as follows: the Commission as follows: The operation and maintenance of the The Commission is hereby authorized and dams shall be subject to reasonable rules and empowered to issue licenses to citizens * * * regulations of the Secretary of the Army in for the purpose of constructing, operating the interest of flood control and navigation. and maintaining dams, water conduits, res- NOTE: This Regulation will also be applica- ervoirs, powerhouses, transmission lines, or ble to dam and reservoir projects operated other project works necessary or convenient under provisions of future legislative acts for the development and improvement of wherein the Secretary of the Army is di- navigation and for the development, trans- rected to prescribe rules and regulations in mission, and utilization of power across, the interest of flood control and navigation. along, from or in any of the streams or other The Chief of Engineers, U.S. Army Corps of bodies of water over which Congress has ju- Engineers, is designated the duly authorized risdiction * * * Provided further, That no li- representative of the Secretary of the Army cense affecting the navigable capacity of any to exercise the authority set out in the Con- navigable waters of the United States shall gressional Acts. This Regulation will nor- be issued until the plans of the dam or other mally be implemented by letters of under- structures affecting navigation have been ap- standing between the Corps of Engineers and proved by the Chief of Engineers and the project owner and will incorporate the provi- Secretary of the Army. sions of such letters of understanding prior to the time construction renders the project (B) Sections 10(a) and 10(c) of the capable of significant impoundment of Federal Power Act specify conditions water. A water control agreement signed by of project licenses including the fol- both parties will follow when deliberate im- lowing: poundment first begins or at such time as the responsibilities of any Corps-owned (1) Section 10(a). ‘‘That the project projects may be transferred to another enti- adopted * * * shall be such as in the ty. Promulgation of this Regulation for a judgment of the Commission will be given project will occur at such time as the best adapted to a comprehensive plan

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for improving or developing a water- controlled by such reasonable rules and regu- way or waterways for the use or benefit lations as the Secretary of the Army may of interstate or foreign commerce, for prescribe in the interest of navigation, and the improvement and utilization of wa- as the Commission may prescribe for the terpower development, and for other protection of life, health, and property, * * * and the Licensee shall release water from beneficial public uses * * *.’’ the project reservoir at such rate * * * as the (2) Section 10(c). ‘‘That the licensee Secretary of the Army may prescribe in the shall * * * so maintain and operate interest of navigation, or as the Commission said works as not to impair navigation, may prescribe for the other purposes herein- and shall conform to such rules and before mentioned. regulations as the Commission may from time to time prescribe for the (c) Scope and terminology. This regula- protection of life, health, and property tion applies to Federal authorized flood control and/or navigation storage ***.’’ (C) Section 18 of the Federal Power projects, and to non-Federal projects Act directs the operation of any navi- which require the Secretary of the gation facilities built under the provi- Army to prescribe regulations as a con- sion of that Act, be controlled by rules dition of the license, permit or legisla- and regulations prescribed by the Sec- tion, during the planning, design and retary of the Army as follows: construction phases, and throughout the life of the project. In compliance The operation of any navigation facilities with the authority cited above, this which may be constructed as part of or in regulation defines certain activities connection with any dam or diversion struc- ture built under the provisions of this Act, and responsibilities concerning water whether at the expense of a licensee here- control management throughout the under or of the United States, shall at all Nation in the interest of flood control times be controlled by such reasonable rules and navigation. In carrying out the and regulations in the interest of navigation; conditions of this regulation, the including the control of the pool caused by owner and/or operating agency will such dam or diversion structure as may be comply with applicable provisions of made from time to time by the Secretary of Pub. L. 85–624, the Fish and Wildlife the Army, * * *. Coordination Act of 1958, and Pub. L. (ii) Federal Power Commission Order 92–500, the Federal Water Pollution No. 540 issued October 31, 1975, and pub- Control Act Amendments of 1972. This lished November 7, 1975 (40 FR 51998), regulation does not apply to local flood amending § 2.9 of the Commission’s protection works governed by § 208.10, General Policy and Interpretations pre- or to navigation facilities and associ- scribed Standardized Conditions ated structures which are otherwise (Forms) for Inclusion in Preliminary covered by part 207 (Navigation Regu- Permits and Licenses Issued Under lations) of title 33 of the code. Small part I of the Federal Power Act. As an reservoirs, containing less than 12,500 example, Article 12 of Standard Form acre-feet of flood control or navigation L–3, titled: ‘‘Terms and Conditions of storage, may be excluded from this reg- License for Constructed Major Projects ulation and covered under § 208.10, un- Affecting Navigable Waters of the less specifically required by law or con- United States,’’ sets forth the Commis- ditions of the license or permit. sion’s interpretation of appropriate (1) The terms reservoir and project as sections of the Act, which deal with used herein include all water resource navigation aspects, and attendant re- impoundment projects constructed or sponsibilities of the Secretary of the modified, including natural lakes, that Army in licensing actions as follows: are subject to this regulation. The United States specifically retains and (2) The term project owner refers to safeguards the right to use water in such the entity responsible for maintenance, amount, to be determined by the Secretary physical operation, and safety of the of the Army, as may be necessary for the project, and for carrying out the water purposes of navigation on the navigable wa- terway affected; and the operations of the control plan in the interest of flood Licensee, so far as they affect the use, stor- control and/or navigation as prescribed age and discharge from storage of waters af- by the Corps of Engineers. Special ar- fected by the license, shall at all times be rangements may be made by the

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project owner for ‘‘operating agencies’’ hydrometeorological and other condi- to perform these tasks. tions and constraints, to achieve effi- (3) The term letter of understanding as cient management of water resource used herein includes statements which systems. consummate this regulation for any (d) Procedures—(1) Conditions during given project and define the general project formulation. During the planning provisions or conditions of the local and design phases, the project owner sponsor, or owner, cooperation agreed should consult with the Corps of Engi- to in the authorizing legislative docu- neers regarding the quantity and value ment, and the requirements for compli- of space to reserve in the reservoir for ance with section 7 of the 1944 Flood flood control and/or navigation pur- Control Act, the Federal Power Act or poses, and for utilization of the space, other special congressional act. This and other requirements of the license, information will be specified in the permit or conditions of the law. Rel- water control plan and manual. The evant matters that bear upon flood letter of understanding will be signed control and navigation accomplish- by a duly authorized representative of ment include: Runoff potential, res- the Chief of Engineers and the project ervoir discharge capability, down- owner. A ‘‘field working agreement’’ stream channel characteristics, may be substituted for a letter of un- hydrometeorological data collection, derstanding, provided that the speci- flood hazard, flood damage characteris- fied minimum requirements of the lat- tics, real estate acquisition for flowage ter, as stated above, are met. requirements (fee and easement), and (4) The term water control agreement resources required to carry out the refers to a compliation of water control water control plan. Advice may also be criteria, guidelines, diagrams, release sought on determination of and regula- schedules, rule curves and specifica- tion for the probable maximum or tions that basically govern the use of other design flood under consideration reservoir storage space allocated for by the project owner to establish the flood control or navigation and/or re- quantity of surcharge storage space, lease functions of a water control and freeboard elevation of top of dam project for these purposes. In general, or embankment for safety of the they indicate controlling or limiting project. rates of discharge and storage space re- (2) Corps of Engineers involvement. If quired for flood control and/or naviga- the project owner is responsible for tion, based on the runoff potential dur- real-time implemenetation of the ing various seasons of the year. water control plan, consultation and (5) For the purpose of this regulation, assistance will be provided by the the term water control plan is limited to Corps of Engineers when appropriate the plan of regulation for a water re- and to the extent possible. During any sources project in the interest of flood emergency that affects flood control control and/or navigation. The water and/or navigation, the Corps of Engi- control plan must conform with pro- neers may temporarily prescribe regu- posed allocations of storage capacity lation of flood control or navigation and downstream conditions or other re- storage space on a day-to-day (real- quirements to meet all functional ob- time) basis without request of the proj- jectives of the particular project, act- ect owner. Appropriate consideration ing separately or in combination with will be given for other authorized other projects in a system. project functions. Upon refusal of the (6) The term real-time denotes the project owner to comply with regula- processing of current information or tions prescribed by the Corps of Engi- data in a sufficiently timely manner to neers, a letter will be sent to the influence a physicial response in the project owner by the Chief of Engineers system being monitored and con- or his duly authorized representative trolled. As used herein the term con- describing the reason for the regula- notes * * * the analyses for and execu- tions prescribed, events that have tran- tion of water control decisions for both spired, and notification that the minor and major flood events and for project owner is in violation of the navigation, based on prevailing Code of Federal Regulations. Should an

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impasse arise, in that the project agreements. After approval by the owner or the designated operating enti- Chief of Engineers or his duly author- ty persists in noncompliance with reg- ized representative, the manual will be ulations prescribed by the Corps of En- furnished the project owner. gineers, measures may be taken to as- (5) Water control agreement. (i) A sure compliance. water control diagram (graphical) will (3) Corps of Engineers implementation be prepared by the Corps of Engineers of real-time water control decisions. The for each project having variable space Corps of Engineers may prescribe the reservation for flood control and/or continuing regulation of flood control navigation during the year; e.g., vari- storage space for any project subject to able seasonal storage, joint-use space, this regulation on a day-to-day (real- or other rule curve designation. Res- time) basis. When this is the case, con- ervoir inflow parameters will be in- sultation and assistance from the cluded on the diagrams when appro- project owner to the extent possible priate. Concise notes will be included will be expected. Special requests by the project owner, or appropriate oper- on the diagrams prescribing the use of ating entity, are preferred before the storage space in terms of release sched- Corps of Engineers offers advice on ules, runoff, nondamaging or other con- real-time regulation during surcharge trolling flow rates downstream of the storage utilization. damsite, and other major factors as ap- (4) Water control plan and manual. propriate. A water control release Prior to project completion, water con- schedule will be prepared in tabular trol managers from the Corps of Engi- form for projects that do not have vari- neers will visit the project and the area able space reservation for flood control served by the project to become famil- and/or navigation. The water control iar with the water control facilities, diagram or release schedule will be and to insure sound formulation of the signed by a duly authorized representa- water control plan. The formal plan of tive of the Chief of Engineers, the regulation for flood control and/or project owner, and the designated oper- navigation, referred to herein as the ating agency, and will be used as the water control plan, will be developed basis for carrying out this regulation. and documented in a water control Each diagram or schedule will contain manual prepared by the Corps of Engi- a reference to this regulation. neers. Development of the manual will (ii) When deemed necessary by the be coordinated with the project owner Corps of Engineers, information given to obtain the necessary pertinent infor- on the water control diagram or re- mation, and to insure compatibility lease schedule will be supplemented by with other project purposes and with appropriate text to assure mutual un- surcharge regulation. Major topics in derstanding on certain details or other the manual will include: Authorization important aspects of the water control and description of the project, plan not covered in this regulation, on hydrometeorology, data collection and the water control diagram or in the re- communication networks, hydrologic lease schedule. This material will in- forecasting, the water control plan, and water resource management func- clude clarification of any aspects that tions, including responsibilities and co- might otherwise result in unsatisfac- ordination for water control decision- tory project performance in the inter- making. Special instructions to the est of flood contol and/or navigation. dam tender or reservoir manager on Supplementation of the agreement will data collection, reporting to higher be necessary for each project where the Federal authority, and on procedures Corps of Engineers exercises the discre- to be followed in the event of a commu- tionary authority to prescribe the nication outage under emergency con- flood control regulation on a day-to- ditions, will be prepared as an exhibit day (real-time) basis. The agreement in the manual. Other exhibits will in- will include delegation of the responsi- clude copies of this regulation, letters bility. The document should also cite, of understanding consummating this as appropriate, section 7 of the 1944 regulation, and the water control Flood Control Act, the Federal Power

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Act and/or other congressional legisla- the Corps of Engineers concerning sur- tion authorizing construction an/or di- charge regulation is to be utilized at recting operation of the project. the discretion of the project owner, and (iii) All flood control regulations does not relieve the owner of the re- published in the FEDERAL REGISTER sponsibility for safety of the project. under this section (part 208) of the code (8) Notification of the general public. prior to the date of this publication The Corps of Engineers and other inter- which are listed in § 208.11(e) are hereby ested Federal and State agencies, and superseded. the project owner will jointly sponsor (iv) Nothing in this regulation pro- public involvement activities, as ap- hibits the promulgation of specific reg- propriate, to fully apprise the general ulations for a project in compliance public of the water control plan. Public with the authorizing acts, when agree- meetings or other effective means of ment on acceptable regulations cannot notification and involvement will be be reached between the Corps of Engi- held, with the initial meeting being neers and the owner. conducted as early as practicable but (6) Hydrometeorological instrumenta- not later than the time the project tion. The project owner will provide in- first becomes operational. Notice of strumentation in the vicinity of the the initial public meeting shall be pub- damsite and will provide communica- lished once a week for 3 consecutive tion equipment necessary to record and weeks in one or more newspapers of transmit hydrometeorological and res- general circulation published in each ervoir data to all appropriate Federal county covered by the water control authorities on a real-time basis unless plan. Such notice shall also be used there are extenuating circumstances or when appropriate to inform the public are otherwise provided for as a condi- of modifications in the water control tion of the license or permit. For those plan. If no newspaper is published in a projects where the owner retains re- county, the notice shall be published in sponsibility for real-time implementa- one or more newspapers of general cir- tion of the water control plan, the culation within that county. For the owner will also provide or arrange for purposes of this section a newspaper is the measurement and reporting of one qualified to publish public notices hydrometeorological parameters re- under applicable State law. Notice quired within and adjacent to the wa- shall be given in the event significant tershed and downstream of the problems are anticipated or experi- damsite, sufficient to regulate the enced that will prevent carrying out project for flood control and/or naviga- the approved water control plan or in tion in an efficient manner. When data the event that an extreme water condi- collection stations outside the imme- tion is expected that could produce se- diate vicinity of the damsite are re- vere damage to property or loss of life. quired, and funds for installation, ob- The means for conveying this informa- servation, and maintenance are not tion shall be commensurate with the available from other sources, the Corps urgency of the situation. The water of Engineers may agree to share the control manual will be made available costs for such stations with the project for examination by the general public owner. Availability of funds and ur- upon request at the appropriate office gency of data needs are factors which of the Corps of Engineers, project will be considered in reaching decisions owner or designated operating agency. on cost sharing. (9) Other generalized requirements for (7) Project safety. The project owner is flood control and navigation. (i) Storage responsible for the safety of the dam space in the reservoirs allocated for and appurtenant facilities and for regu- flood control and navigation purposes lation of the project during surcharge shall be kept available for those pur- storage utilization. Emphasis upon the poses in accordance with the water safety of the dam is especially impor- control agreement, and the plan of reg- tant in the event surcharge storage is ulation in the water control manual. utilized, which results when the total (ii) Any water impounded in the flood storage space reserved for flood control control space defined by the water con- is exceeded. Any assistance provided by trol agreement shall be evacuated as

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rapidly as can be safely accomplished (vii) The project owner may tempo- without causing downstream flows to rarily deviate from the water control exceed the controlling rates; i.e., re- plan in the event an immediate short- leases from reservoirs shall be re- term departure is deemed necessary for stricted insofar as practicable to quan- emergency reasons to protect the safe- tities which, in conjunction with un- ty of the dam, or to avoid other serious controlled runoff downstream of the hazards. Such actions shall be imme- dam, will not cause water levels to ex- diately reported by the fastest means ceed the controlling stages currently in of communication available. Actions force. Although conflicts may arise shall be confirmed in writing the same with other purposes, such as hydro- day to the Corps of Engineers and shall power, the plan or regulation may re- include justification for the action. quire releases to be completely cur- Continuation of the deviation will re- tailed in the interest of flood control or quire the express approval of the Chief safety of the project. of Engineers, or his duly authorized (iii) Nothing in the plan of regulation representative. for flood control shall be construed to (viii) Advance approval of the Chief require or allow dangerously rapid of Engineers, or his duly authorized changes in magnitudes of releases. Re- representative, is required prior to any leases will be made in a manner con- deviation from the plan of regulation sistent with requirements for pro- prescribed or approved by the Corps of tecting the dam and reservoir from Engineers in the interest of flood con- major damage during passage of the trol and/or navigation, except in emer- maximum design flood for the project. gency situations provided for in para- graph (d)(9)(vii) of this section. When (iv) The project owner shall monitor conditions appear to warrant a pro- current reservoir and hydro- meteoro- longed deviation from the approved logical conditions in and adjacent to plan, the project owner and the Corps the watershed and downstream of the of Engineers will jointly investigate damsite, as necessary. This and any and evaluate the proposed deviation to other pertinent information shall be insure that the overall integrity of the reported to the Corps of Engineers on a plan would not be unduly com- timely basis, in accordance with stand- promised. Approval of prolonged devi- ing instructions to the damtender or ations will not be granted unless such other means requested by the Corps of investigations and evaluations have Engineers. been conducted to the extent deemed (v) In all cases where the project necessary by the Chief of Engineers, or owner retains responsibility for real- his designated representatives, to fully time implementation of the water con- substantiate the deviation. trol plan, he shall make current deter- (10) Revisions. The water control plan minations of: Reservoir inflow, flood and all associated documents will be control storage utilized, and scheduled revised by the Corps of Engineers as releases. He shall also determine stor- necessary, to reflect changed condi- age space and releases required to com- tions that come to bear upon flood con- ply with the water control plan pre- trol and navigation, e.g., reallocation scribed by the Corps of Engineers. The of reservoir storage space due to sedi- owner shall report this information on mentation or transfer of storage space a timely basis as requested by the to a neighboring project. Revision of Corps of Engineers. the water control plan, water control (vi) The water control plan is subject agreement, water control diagram, or to temporary modification by the release schedule requires approval of Corps of Engineers if found necessary the Chief of Engineers or his duly au- in time of emergency. Requests for and thorized representative. Each such re- action on such modifications may be vision shall be effective upon the date made by the fastest means of commu- specified in the approval. The original nication available. The action taken (signed document) water control agree- shall be confirmed in writing the same ment shall be kept on file in the re- day to the project owner and shall in- spective Office the Division Engineer, clude justification for the action. Corps of Engineers, Department of the

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Army, located at division offices (ii) Stream, county, and State cor- throughout the continental USA. Cop- responding to the damsite location, ies of these agreements may be ob- (iii) The maximum current storage tained from the office of the project space in acre-feet to be reserved exclu- owner, or from the office of the appro- sively for flood control and/or naviga- priate Division Engineer, Corps of En- tion purposes, or any multiple-use gineers. space (intermingled) when flood con- (11) Federal Register. The following in- trol or navigation is one of the pur- formation for each project subject to poses, with corresponding elevations in feet above mean sea level, and area in section 7 of the 1944 Flood Control Act acres, at the upper and lower limits of and other applicable congressional acts said space, shall be published in the FEDERAL REG- (iv) The name of the project owner, ISTER prior to the time the projects be- and comes operational and prior to any sig- (v) Congressional legislation author- nificant impoundment before project izing the project for Federal participa- completion or * * * at such time as the tion. responsibility for physical operation (e) List of projects. The following ta- and maintenance of the Corps of Engi- bles, ‘‘Pertinent Project Data—Section neers owned projects is transferred to 208.11 Regulation,’’ show the pertinent another entity: data for projects which are subject to (i) Reservoir, dam, and lake names, this regulation.

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4 USBR. USBR. USBR. USBR. Proj. owner Proj. 3 ...... USBR...... NEPC...... NEPC...... USBR t ...... NEPC. 53 Stat roj ...... Rkfd, IL. –780 ...... Hnbl, MO. 92–515 ...... USBR. t of 1902 32 Stat 1187. 388. Authorizing legis. PL 86–645 ...... EB-MUD. PL 594 ...... USBR. PL 86–787 ...... USBR. PL 761 ...... USBR. PL 78–534 ...... USBR. PL 61–289 ...... PL 68–292 ...... PL 78–534 ...... PL 79–732 ...... PL 78–534 ...... USBR. PL 78–534 ...... USBR. PL 86–248...... PL USBR. 0 0 52 606 735 331 873 5507 9540 6260 9280 2042 2086 1970 2350 6869 19560 16960 32800 24125 11480 0 873 980 3130 2350 7600 9540 6800 2042 6869 5507 6260 5036 Area in acres 22170 19560 16960 33535 32800 24125 12420 10790 Upper Lower 0.0 92.0 872.0 205.1 827.0 3672.0 3638.0 4725.0 4685.0 3797.0 3728.0 1392.9 2107.8 5521.0 4717.0 3770.0 1421.6 1559.0 2144.0 5596.0 1517.5P M.S.L. 0.0 885.3 235.5 872.0 205.1 Elev limits feet 1429.9 1421.6 1562.0 1559.0 3710.0 4732.2 4725.0 3800.0 3797.0 2166.0 2144.0 5605.0 3672.0 4717.0 3770.0 5596.5 Upper Lower

0.0 8.0 99.5 80.9 19.6 36.4 62.5 32.8 39.2 150.4 151.8 132.6 128.2 146.1 403.8 200.0 230.9 795.1 711.5 191.9 149.8 Storage 1000 AF ROJECTS

2 P Project purpose F ...... 16.2 425.0 393.0 1530 0 PL 77–228 ...... Rclm, B CA. F ...... MC ...... IMR ...... MRC ...... FI ...... ICR ...... FEIQ ...... EIQ ...... RIE ...... FEI ...... EI ...... IMCR ...... IST OF L

1 Cr. R. [Non-Corps projects with Corps Regulation Requirements] Snake R ...... FE ...... 975.3 2077.0 1976.0 13840 6650 FERC No 1971–C .. ID Pwr. Baker ...... Washington ...... ID State County Stream State 1 Col. No. 1 2 3 4 5 6 7 8 9 10 11 12 Project name Agency Valley Dam & Res ...... Alpine Dam ...... OR Altus Dam & Res ...... Malheur ...... IL N Fork Malheur R OK Anderson Ranch Dam & Res Winnebago .... FICR ...... Jackson ...... Keith Cr ...... N Fork Red RArbuckle Dam & Res ...... ID F Elmore F ...... 60.0 ...... OK Arrowrock Dam & Res S Fk Boise R ...... Murray ...... 3340.0 ...... FEI ...... Rock CrBear Cr Dam 3263.0 0.6 ...... ID Bear Swamp Fife Brook (Lo) Elmore F ...... 423.2 796.0 MO 1900 Bear Swamp PS (Upper) Boise R Marion Ralls ...... Bellows Falls Dam & Lk MA 4196.0 ...... FI Franklin 760.0 Bear Cr ...... Big Dry Creek and Div MA ...... 4039.6 ...... Franklin Deerfield R ...... F VT ...... 0 ...... Cheshire Deerfield R Trib PL 68–292 286.6 Blue Mesa Dam & Res E CA ...... 4740 ...... 52 Fresno Connecticut RBoca Dam & Res E ...... 3216.0 ...... Big Dry Cr & Dog CO E 8.7 1150 2974.0 ...... Gunnison Act of 1939 Bonny Dam & Res ...... CA 6.9 ...... Nevada 0 Gunnison R 546.5 ...... 8.9 ...... PWA P 3100 Boysen Dam & Res Little Truckee R CO 870.0 FER ...... 7.5 Yuma ...... 1600.0 520.0 ...... I ...... WY S Fork Republic R 830.0 1550.0 200 291.6 Fremont Ac F 748.5 ...... Brantley Dam & Res ...... 540 ...... Wild RBrownlee Dam & Res ...... 7519.4 273.6 ...... 152 118 F NM ...... 7393.0 Eddy OR Bully Cr Dam & Res ...... 2804 ...... 0 Pecos R 115 Camanche Dam & Res 102 ...... PL 83 ...... 9180 FERC 2669 Fed Pwr Ac OR .. FIRQ ...... Malheur 836 ...... Canyon Ferry Dam & Lk CA FERC 1885 ...... 2790 . Bully Cr San Joaquin ...... PL 84–485 ...... 348.5 .. FI Mokelumne R MT ...... Lewis Clark 3283.0 Cedar Bluff Dam & Res ...... FRIE ...... Missouri R 3210.7 ...... 31.6 Cheney Dam & Res KS F ...... Trego 21294 ...... 2516.0 Smoky Hill R KS ...... 2456.8 Sedgwick ...... F ...... 38 N Fork Ninnescah PL 1082 140

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4 Irr. USBR. Dgls, CO. CA. USBR. USBR. Proj. owner Proj. 3 ...... USBR...... AL Pwr...... USBR...... USBR...... USBR. 9 ...... USBR. No. 71 ...... –789 ...... AL Pwr. Authorizing legis...... USBR. PL 78–534 ...... USBR. PL 419 ...... USBR. PL 78–534 ...... M&T. PL 76–868 ...... 61001 ...... PL 78–534 ...... USBR. PL 78–534 ...... PL 84–505 ...... PL 87–874 ...... DWR. PL 78–534 ...... PL 79–526 ...... PL 70–642 ...... USBR. PL 419 ...... USBR. PL 78–534 ...... USBR. 0 29 220 337 810 710 275 658 700 5160 4495 9040 4100 3520 1707 3341 3400 8800 1360 3130 11260 12602 12370 83500 156500 700 710 9040 5900 5160 2405 1707 1060 5980 3400 3520 8800 4495 4100 6580 Area in acres 11450 33682 12602 12900 11260 13140 17990 12370 162700 156500 Upper Lower 427.0 702.2 600.0 210.0 703.1 635.0 802.0 342.0 5546.1 5470.6 2064.5 2030.0 3112.3 1300.0 1428.0 1083.0 1652.0 4635.0 5535.7 3082.4 1342.0 1455.6 1219.6 1597.2 4570.0 M.S.L. 702.2 466.0 600.0 745.0 703.1 427.0 830.0 802.0 Elev limits feet 5560.4 5546.1 3112.3 1354.8 1342.0 1488.3 1455.6 2094.5 1229.0 1219.6 1652.0 4635.0 5535.7 3127.0 2064.5 1668.6 4653.0 Upper Lower 1.0 29.0 30.0 34.5 79.1 50.4 37.0 63.7 78.3 69.0 15.8 340.0 308.0 243.8 454.3 126.1 400.0 610.0 180.6 722.3 204.8 271.9 147.9 1500.0 1381.0 —Continued Storage 1000 AF

2 ROJECTS Project purpose P FI ...... I ...... FIM ...... IMR ...... EIR ...... ICR ...... EIM ...... IMCR ...... IMRC ...... IM ...... EIM ...... IQ ...... FEIMCAR

1 IST OF L [Non-Corps projects with Corps Regulation Requirements] Roanoke R ...... FE ...... 63.0 203.0 200.0 22500 Snake R ...... 20300 Fed Pwr Act EN ...... VA Pwr. 11.7 1688.0 1683.0 2380 2280 FERC No 1971–A .. ID Pwr. Northampton ...... Wallowa ...... Adams ...... Clark Mohave ...... Colorado R ...... F ...... ID AZ State County Stream State 1 Col. No. 1 2 3 4 5 6 7 8 9 10 11 12 Project name Clark Canyon Dam & Res ...... MT BeaverheadDel Valle Dam & Res ...... Beaverhead R ..... CA F Alameda ...... Don Pedro Dam & Lk ...... Alameda Cr ...... CA F TuolumneEast Canyon Dam & Res ...... Tuolumne REcho Dam & Res ...... Emigrant Dam & Res UT FIER ...... MorganEnders Dam & Res ...... UT ...... Summit OR East Canyon Cr ...... JacksonFolsom Dam & Lk NE ...... Weber R ...... FEIM ...... Chase Emigrant Cr ...... FEIMFort Cobb Dam & Res ...... Frenchman Cr CA ...... FIR ...... Sacramento ...... 48.0 FFoss Dam & Res ...... OK American R ...... 74.0 Caddo 5705.5 ...... FEIM 39.0 ...... Friant Dam & Millerton Lk OK 5560.0 Pond (Cobb) Cr 5578.0 ...... Custer 2241.0 ...... F 5450.0 ...... Galesville Dam Washita R CA 2131.5 ...... Fresno 684 F ...... 1455 ...... Gaston Dam & Res OR San Joaquin R ...... Douglas 801 ...... FEIM 130 ...... Glen Elder Dam & Waconda Lk NC PL 81–273 Cow Cr ...... Halifax ...... 0 FEMCR KS PL 81–83 ...Glendo Dam & Res 390.5 80 ...... Mitchel PL 83–606 ...... Solomon R 578.0 Grand Coulee Dam & FDR Lk WY ...... 42.2 PlatteH Neely Henry Dam & Res F ...... 466.3 1881.5 Harris Dam & Res WA N Platte R ...... Okanogan Grant ..Heart Butte Dm & Lk Tschida AL F 1780.0 ...... Columbia R Calhoun St. Clair 4850 ...... AL RandolphHells Canyon Dam & Res FEI ND ...... Coosa R ...... Grant ...... 760 ...... 2101 Tallapoosa R PL 75–392 ...... FE Heart RHoover Dam & Lk Mead OR 5185.5 ...... FE ...... F 1290.0 150 ...... Hungry Horse Dam & Res FERC NV ...... 49.7 1208.0 215.0 MT 82280 508.0 Flathead 793.0 ...... S Fork Flathead R 45592 502.5 FEI PL 89–561 785.0 ...... 11235 10661 2982.0 3560.0 7632 9012 PL 83–436 PL 89 ...... 3336.0 23800 5400 PL 78–32

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4 USBR. USBR. USBR. USBR. Proj. owner Proj. 3 ..... Chln PUD...... VA, Pwr...... Ptmc Comm...... CLPC...... USBR. 114–A .. Grnt, PUD. 3 ...... USBR. 77 ...... 96 ...... USBR. 576 ...... CLPC. 4–992 ...... USBR. 7–874 ...... USBR. C 1889 ...... WMEC. L 81–864 ...... USBR. Authorizing legis. PL 78–534 ...... PL 79–526 ...... PL 79–732 ...... PL 85–500 ...... CA. PL 78–534 ...... USBR. PL 84–485 ...... PL 77–228 ...... Grd, Auth. PL 76–640 ...... USBR. PL 87–590 ...... USBR. PL 78–534 ...... PL 85–783 ...... PL 84–505 ...... PL 78–534 ...... USBR. PL 75–392 ...... USBR. PL 84–858 ...... PL 85–706 ...... PL 81–898 ...... USBR. FERC 553...... FERC Sttl. 0 0 86 100 920 421 587 860 787 334 2181 1629 4800 2800 4500 4640 2200 13346 46500 17000 23894 17320 860 947 334 920 745 5316 2181 2682 1629 1230 5671 4640 9900 4800 Area in acres 15800 13346 59200 46500 29570 23894 21640 17320 Upper Lower 735.8 848.5 210.0 745.0 705.0 2304.3 2581.8 4580.2 4764.0 2860.0 2250.8 5661.0 2280.4 2558.0 1018.6 4456.1 4880.5 2941.3 2271.9 9911.0 5703.7 10027.5 M.S.L. 848.5 745.0 900.0 755.0 Elev limits feet 2331.4 1067.0 1018.6 4580.2 4880.5 2604.9 2965.0 2941.3 2302.0 2271.9 5761.0 2304.3 4621.5 4898.7 2581.8 5703.7 Upper Lower 10034.0 10027.5 6.0 8.6 43.1 98.8 30.7 55.0 93.0 48.9 27.3 80.9 54.0 20.0 261.4 750.0 525.0 462.1 761.3 218.3 2788.0 1192.0 1300.0 3241.0 —Continued Storage 1000 AF

2 ROJECTS Project purpose P IMRC ...... EIMAR .... IM ...... E ...... IR ...... FC ...... IR ...... IRC ...... IMCRQ ... IQ ...... EIA ......

1 IST OF L [Non-Corps projects with Corps Regulation Requirements] KS Norton ...... Prairie Dog Cr ..... F ...... NE Frontier ...... Red Willow Cr ..... F ...... OK Mayes ...... Grand (Neosho) R F ...... State County Stream State 1 Col. No. 1 2 3 4 5 6 7 8 9 10 11 12 Project name Lk. the Cherokees. Lk. Northfield Mt (Up) PS ...... Norton Dam & Kieth Sebelius MA Franklin ...... ConnecticutOchoco Dam & Res ...... Oroville Dam & Lk E ...... OR CrookPactola Dam & Res ...... CA ...... Butte Ochoco Cr 14.0 ...... Palisades Dam & Res SD Feather R ...... FICR ...... Pennington ...... Paonia Dam & Res 965.0 ...... FEIMAR .. Rapid Cr ID ...... Pensacola Dam Grand Lake O’ 938.0 Bonneville CO F 52.5 ...... Gunnision ...... Snake R ...... 3136.2 Pineview Dam & Res Muddy Cr ...... 196 FIEPlatoro Dam & Res ...... FIR ...... UT 1202.0 0.0 WeberPriest Rapids Dam & Res CO 134 ...... Conejos FER Prineville Dam & Res 5620.0 Odgen R ...... 17.0 ...... 1130 Prosser Cr Dam & Res WA Conejos R ...... FEIM 5452.0 Grant 6447.5 ...... OR F Crook Columbia R ...... Pueblo Dam & Res ...... 16100 CA 6373.0 ...... 130 Nevada Crooked R FER 110.0 PL 84–992 ...... Red Willow Dam Hugh Butler CO Prosser Cr 2170 FIRC 4900.0 ...... Pueblo 334 P ...... C 4818.0 ...... 44.0 Arkansas R ...... 233.0 Ririe Dam & Res ...... F 120 ...... Roanoke Rapids Dam & Res 2874 488.0 PL 80–1 .... 3257.9 Rocky Reach Dam Lk Entiat ..... ID 3114.0 481.5 Rocky River PS Lk Candlewood NC Bonneville ...... Halifax WA Ross Dam & Res ...... Willow Cr Chelan 0 CT 3997 Roanoke R ...... Sanford Dam & Lk Meredith ...... 7600 PL 81–27 Litchfield ...... FIRC Columbia R WA ...... EC Housatonic R Whatcom ...... Savage River Dam & Res ...... FER ...... 6500 ...... TX 140 ...... FERC No 2 E HutchisonScoggins Dam Henry Hagg Lk Skagit R PL–8 ...... 99.0 MD Shadehill Dam & Res Canadian R E ...... 16.8 Garrett ...... 36.0 5119.0 142.5 F ...... Shasta Dam Lk Savage R ...... SD ...... 132.0 1052.0 Scoggins Cr 5023.0 Perkins ...... 707.0 FMA 430.0 ...... 1602.5 FIR Grand RShepaug Dam & Lk CA ...... 128.0 ...... Shasta 703.0 ...... F 1475.0 418.0 150 ...... Sacramento R CT 20.0 4600 ..... Litchfield 56.3 11700 9920 ...... 5608 FEIA 1468.5 360 ...... Housatonic R 4100 PL 8 ...... 305.8 4450 1317.0 FPC 2009 9490 ..... E 4692 FERC No 2145 ...... FERC 2576 . . 235.3 366 5.0 116 200.0 0 PL 78–534 ... 172.0 4 PL 89–5 1882 1125 FERC 2

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§ 208.19 Marshall Ford Dam and Res- Llano River (entering the Colorado ervoir (Mansfield Dam and Lake River between Lakes Inks and Lyndon Travis), Colorado River, Tex. B. Johnson) and the unregulated tribu- The Secretary of the Interior, tary flows of the Pedernales River (en- through his agent, the Lower Colorado tering between Lake Marble Falls and River Authority (LCRA) shall operate Marshall Ford Reservoir). During flood the Marshall Ford Dam and Reservoir conditions, the following upstream in the interest of flood control as fol- U.S. Geological Survey gaging stations lows: are used as indicators of the magnitude (a) Water Control Plan—(1) General ob- of the inflows to Marshall Ford Res- jectives. The objectives of the Marshall ervoir: Ford Reservoir (Lake Travis) are the (i) Colorado River near San Saba improvement of navigation, flood con- (08147000). trol, stream regulation, generation of (ii) Pedernales River near Johnson power, irrigation, water supply, and City (08153500). recreation uses. (iii) Llano River at Llano (08151500). (2) Overall plan for water control. (3) Standing instructions to dam tender. Within the Colorado River Basin, four During normal conditions, the dam Federal projects provide flood control tender will regulate the project in ac- protection: Twin Buttes, O. C. Fisher, cordance with instructions received Hords Creek, Marshall Ford Reservoir. from the LCRA System Operator. Dur- The considerable distance (328 river ing flood conditions, when the Marshall miles) and large intervening area Ford Reservoir level is within the flood (19,990 square miles) separating Mar- control zone, the LCRA System Oper- shall Ford Reservoir and the three ator will regulate the project in ac- upper basin flood-control projects pre- cordance with instructions received vent realizing any significant benefits from the Corps of Engineers. In the from coordinating releases to control event of a communication outage, the the inflow into Marshall Ford. Mar- LCRA System Operator will rely on the shall Ford Reservoir is the fifth project Emergency Release Schedule, to make in a tandem of six lakes operated and changes in the rate of releases from the controlled by the Lower Colorado River lake. Authority for the generation of hydro- (4) Flood control regulation—(i) Gen- electric power. These six projects in eral. At all times, releases shall be co- downstream order are: Lake Buchanan, ordinated such that the Colorado Lake Inks, Lake Lyndon B. Johnson River, Texas, will be controlled when (Alvin Wirtz Dam), Lake Marble Falls possible, to remain below control (Max Starcke Dam), Marshall Ford stages at downstream official U.S. Geo- Reservoir (Lake Travis and Mansfield logical Survey (USGS) gaging stations; Dam) and Lake Austin (Tom Miller except that no curtailment of normal Dam). The releases from each of the six hydroelectric turbine releases shall re- projects are closely coordinated by the sult thereby at any time. The USGS LCRA System Operation Control Cen- river stations and their control stages ter. Three of the projects (Lake Inks, are as follows: Lake Marble Falls, and Lake Austin) are run-of-the-river projects. The KEY DOWNSTREAM CONTROL POINTS capabiity of the four upstream lakes to Control Equivalent control the inflow of flood water into cubic feet Station stage per second Marshall Ford depends on their ante- (feet) (c.f.s.) cedent lake elevations. The majority of inflows to Marshall Ford are comprised Austin (08158000) ...... 20.5 30,000 1 24.8 1 50,000 of the mainstream flows of the Colo- Bastrop (08159200) ...... 25.1 45,000 rado River, the tributary flows of the 1 26.7 1 50,000

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KEY DOWNSTREAM CONTROL POINTS— ified in paragraph (a)(4)(i) of this sec- Continued tion. (2) During the months of May, June, Control Equivalent September, and October: Should the Station stage cubic feet per second reservoir elevation be forecast to ex- (feet) (c.f.s.) ceed 685 feet, m.s.l. but not to exceed Columbus (08161000) ...... 25.5 50,000 elevation 691 feet, m.s.l: Releases will 1 Control stage when elevation 710 is forecast to be be made at 30,000 c.f.s. from the project exceeded. or at a rate such that, when combined Forecasted reservoir inflows and the with local inflows below the dam, will upstream USGS gaging stations equal but not exceed downstream con- Pedernales River near Johnson City trol stages on the Colorado River as (08153500), Llano River at Llano specified in paragraph (a)(4)(i) of this (08151500), and Colorado River near San section. These release rates will be Saba (08147000) will be considered when maintained until the reservoir level scheduling flood releases. falls below elevation 685 feet, m.s.l. (ii) Flood control release schedule. Mar- (D) Elevation 691–710. Should the res- shall Ford will be regulated to reduce ervoir elevation be forecast to exceed flooding on the Colorado River below 691 feet, m.s.l. (the top of the joint use the dam. This plan of regulation will pool) but not to exceed elevation 710 govern flood control releases from Mar- feet, m.s.l: Releases will be made at shall Ford Dam as follows: 30,000 c.f.s. from the project or at a rate (A) Elevation 681–683. If the reservoir such that, when combined with local level is forecast to rise above elevation inflows below the dam, will equal but 681 feet, m.s.l. (top of conservation not exceed downstream control stages pool) but not to exceed elevation 683 on the Colorado River as specified in feet, m.s.l., the releases shall be in- paragraph (a)(4)(i) of this section. creased to 3,000 c.f.s. and maintained These release rates will be so con- until the reservoir level recedes to ele- trolled until the reservoir level falls vation 681 feet, m.s.l. These release below elevation 691 feet, m.s.l. rates may need to be reduced due to ex- (E) Elevation 710–714. If the reservoir cessive downstream runoff to prevent level is forecast to exceed 710 feet, exceeding the control stages specified m.s.l. but not to exceed elevation 714 in paragraph (a)(4)(i) of this section. feet, m.s.l: Releases will be made at (B) Elevation 683–685. If the reservoir 50,000 c.f.s. from the project or at a rate elevation is forecast to rise above ele- such that, when combined with local vation 683 feet, m.s.l. but not to exceed inflows below the dam, will equal but elevation 685 the releases shall be in- not exceed the downstream control creased to 5,000 c.f.s. and maintained stages on the Colorado River as speci- until the reservoir level recedes below fied in paragraph (a)(4)(i) of this sec- 683 feet, m.s.l. These release rates may tion. These release rates will be main- need to be reduced due to excessive tained until the reservoir level falls downstream runoff to prevent exceed- ing the control stages specified in para- below elevation 710 feet, m.s.l. graph (a)(4)(i) of this section. (F) Elevation 714–722. If the reservoir (C) Elevation 685–691. Seasonal. (1) level is forecast to exceed 714 feet, During the months of January through m.s.l. but not to exceed 722 feet, m.s.l: April, July through August, and No- Releases will be made at 90,000 c.f.s. vember through December: If the res- from the project. Releases shall not ex- ervoir elevation is forecast to rise ceed the associated peak flood res- above elevation 685 feet, m.s.l. but not ervoir inflow. to exceed elevation 691, the releases (G) Elevation 722 and above. If the res- shall be increased to 5,000 c.f.s. and ervoir level is forecast to exceed ele- maintained until the reservoir level re- vation 722 feet, m.s.l., the Bureau of cedes below 683 feet, m.s.l. These re- Reclamation will schedule releases as lease rates may need to be reduced due required for the safety of the structure. to excessive downstream runoff to pre- (iii) Normal flood control regulation vent exceeding the control stages spec- schedule. The following table, Flood

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Control Regulation Schedule, summa- ule for given reservoir levels and river rizes the flood control releases sched- conditions:

MARSHALL FORD DAM AND RESERVOIR NORMAL FLOOD CONTROL REGULATION SCHEDULE

Condition Reservoir level Flood control release Control points

Pool Rising ...... Forecast: 681–683 1 ...... 3,000 c.f.s ...... 30,000 c.f.s. (20.5 ft.) at Austin. 45,000 c.f.s. (25.1 ft.) at Bastrop. 50,000 c.f.s. (25.5 ft.) at Columbus. Do ...... Forecast: 683–685 ...... 5,000 c.f.s ...... 30,000 c.f.s. (20.5 ft.) at Austin. 45,000 c.f.s. (25.1 ft.) at Bastrop. 50,000 c.f.s. (25.5 ft.) at Columbus. Do ...... Forecast: 685–691:. (a) During January, February, March, 5,000 c.f.s ...... 30,000 c.f.s. (20.5 ft.) at Austin. April, July, August, November, De- cember. 45,000 c.f.s. (25.1 ft.) at Bastrop. 50,000 c.f.s. (25.5 ft.) at Columbus. (b) During May, June, September, Oc- 30,000 c.f.s ...... 30,000 c.f.s. (20.5 ft.) at Austin. tober. 45,000 c.f.s. (25.1 ft.) at Bastrop. 50,000 c.f.s. (25.5 ft.) at Columbus. Do ...... Forecast: 691–710 ...... 30,000 c.f.s ...... 30,000 c.f.s. (20.5 ft.) at Austin. 45,000 c.f.s. (25.1 ft.) at Bastrop. 50,000 c.f.s. (25.5 ft.) at Columbus. Do ...... Forecast: 710–714 ...... 50,000 c.f.s ...... 50,000 c.f.s. (24.8 ft.) at Austin. 50,000 c.f.s. (26.7 ft.) at Bastrop. 50,000 c.f.s. (25.5 ft.) at Columbus. Do ...... Forecast: 714–722 2 ...... 90,000 c.f.s ...... No controls. Do ...... Forecast: above 722 ...... The Bureau of Rec- lamation will specify the releases for safety of the struc- ture. Pool Falling ...... Above 722 ...... do. Do ...... 722–714 2 ...... 90,000 c.f.s ...... No controls. Do ...... 714–710 ...... 50,000 c.f.s ...... 50,000 c.f.s. (24.8 ft.) at Austin. 50,000 c.f.s. (26.7 ft.) at Bastrop. 50,000 c.f.s. (25.5 ft.) at Columbus. Do ...... 710–691 ...... 30,000 c.f.s ...... 30,000 c.f.s. (20.5 ft.) at Austin. 45,000 c.f.s. (25.1 ft.) at Bastrop. 50,000 c.f.s. (25.5 ft.) at Columbus. Do ...... 691–685: ...... 30,000 c.f.s ...... 30,000 c.f.s. (20.5 ft.) at Austin. (a) During May, June, September, Oc- tober. 45,000 c.f.s. (25.1 ft.) at Bastrop. 50,000 c.f.s. (25.5 ft.) at Columbus. (b) During January, February, March, 5,000 c.f.s ...... 30,000 c.f.s. (20.5 ft.) at Austin. April, July, August, November, De- cember. 45,000 c.f.s. (25.1 ft.) at Bastrop. 50,000 c.f.s. (25.5 ft.) at Columbus. Do ...... 685–683 ...... 5,000 c.f.s ...... 30,000 c.f.s. (20.5 ft.) at Austin. 45,000 c.f.s. (25.1 ft.) at Bastrop. 50,000 c.f.s. (25.5 ft.) at Columbus. Do ...... 683–681 ...... 3,000 c.f.s ...... 30,000 c.f.s. (20.5 ft.) at Austin. 45,000 c.f.s. (25.1 ft.) at Bastrop. 50,000 c.f.s. (25.5 ft.) at Columbus. 1 During flood conditions, when the reservoir level is below elevation 681 ft., m.s.l., the Corps of Engineers will provide rec- ommendations to the Lower Colorado River Authority on flood control releases. 2 Releases shall not exceed the associated peak flood reservoir inflow. NOTE: No curtailment of normal hydroelectric turbine releases shall be required due to flood control operations.

(5) Deviation from normal regulation. (A) The water control plan is subject (i) There are occasions when it is nec- to temporary modification by the essary or desirable to deviate from the Corps of Engineers, if found necessary water control plan for short periods of in time of emergency. Requests for and time as indicated in the following para- action on such modifications may be graphs: made by the fastest means of commu- nication available. The action taken

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shall be confirmed in writing the same ject to provisions of Section 7 of the day to the project owner and shall in- 1944 Flood Control Act. clude justification for the action. (b) Reports to the Corps of Engineers. (B) The project owner may tempo- (1) The Authority shall furnish the Dis- rarily deviate from the water control trict Engineer, Fort Worth District, plan in the event an immediate short- U.S. Army Corps of Engineers, by 0900 term departure is deemed necessary for hours daily, with the following: emergency reasons to protect the safe- (i) Project information. ty of the dam, or to avoid serious haz- (A) Lake elevations at midnight and ards. Such actions shall be imme- 0800 hours. diately reported by the fastest means (B) Uncontrolled spillway, flood-con- trol conduits, and turbine releases: of communication available. Actions Cubic feet per second at 0800 hours, and shall be confirmed in writing the same day-second-feet average for the pre- day to the Corps of Engineers and shall vious 24 hours, ending at midnight. include justification for the action. (C) Computed average inflow, in day- Continuation of the deviation will re- second-feet for the previous 24 hours, quire the express approval of the Chief ending at midnight. of Engineers, or his duly authorized (D) Total precipitation in inches for representative. the previous 24 hours at the dam, end- (C) Advance approval of the Chief of ing at 0800 hours. Engineers, or this duly authorized rep- (E) Summary of streamflow and resentative, is required prior to any de- channel conditions at gages named in viation from the plan of regulation pre- paragraphs (a)(2) and (a)(4)(i) of this scribed or approved by the Corps of En- section. gineers in the interest of flood control (ii) Lake Buchanan Pool elevation at and/or navigation, except in emergency 0800 hours. situations provided for in paragraph (2) Whenever flood conditions are im- (a)(5)(i)(B) of this section. When condi- minent, or stages of 16 feet (20,000 c.f.s.) tions appear to warrant a prolonged de- or more at the Austin gage have been viation from the approved plan, the reached, the Authority shall report at project owner and the Corps of Engi- once to the District Engineer by the neers will jointly investigate and fastest means of communications evaluate the proposed deviation to in- available. Data listed in paragraph sure that the overall intergrity of the (b)(1) of this section shall be reported plan would not be unduly com- to, and at intervals prescribed by the promised. Approval of prolonged devi- District Engineer for the duration of ations will not be granted unless such flood surveillance and control oper- investigations and evaluations have ations. been conducted to the extent deemed (Sec. 7, Pub. L. 78-534, 58 Stat. 890 (33 U.S.C. necessary by the Chief of Engineers, or 709)) his designated representative, to fully substantiate the deviations. [44 FR 24552, Apr. 26, 1979; 44 FR 29050, May 18, 1979] (ii) The Fort Worth District Corps of Engineers will serve as the LCRA con- § 208.22 Twin Buttes Dam and Res- tact point for any deviation from or ervoir, Middle and South Concho modification of the water control plan. Rivers, Tex. The communication network will be The Bureau of Reclamation, or its described in the Water Control Manual. designated agent, shall operate the The Fort Worth District will notify the Twin Buttes Dam and Reservoir in the Division Engineer, Southwestern Divi- interest of flood control as follows: sion, Corps of Engineers of any devi- (a) Whenever the Twin Buttes Res- ations or modifications of the water ervoir level is between elevations control plan and request his approval. 1,940.2 (top of conservation pool) and The Division Engineer has been des- elevation 1,969.1 (top of flood control ignated as the authorized representa- pool) the flood control discharge facili- tive of the Chief of Engineers in mat- ties shall be operated under the direc- ters relating to projects within the tion of the District Engineer, Corps of Southwestern Division which are sub- Engineers, Department of the Army, in

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charge of the locality, so as to reduce District Engineer by telephone or tele- as much as practicable the flood dam- graph and, unless otherwise instructed, age below the reservoir. All flood con- shall report once daily thereafter in trol releases shall be made in amounts that manner until the reservoir level which, when combined with releases recedes to elevation 1,940.2. These lat- from San Angelo Reservoir on the ter reports shall reach the District En- North Concho River and local inflow gineer by 9 a.m. each day. below the dam, will not produce flows (d) The regulations of this section in- in excess of bankful capacities on the sofar as they govern use of the flood South Concho and Concho Rivers down- control storage capacity in Twin stream of the reservoir. In order to ac- Buttes Reservoir above elevation complish this purpose, flows shall not 1,940.2 are subject to temporary modi- exceed a 22.5-foot stage (25,000 c.f.s.) on the USGS gage on the Concho River fication in time of flood by the District near San Angelo, Tex. (river mile 60.9); Engineer, if found desirable on the or a 22.8-foot stage (25,000 c.f.s.) on the basis of conditions at the time. Such USGS gage near Paint Rock, Tex. desired modifications shall be commu- (river mile 19.6). nicated to the representative of the Bu- (b) When the Twin Buttes Reservoir reau of Reclamation in immediate level exceeds elevation 1,969.1 (top of charge of operations of the Twin flood control pool), releases shall be Buttes Dam by any available means of made at the maximum rate possible communication and shall be confirmed and continued until the pool elevation in writing under date of the same day recedes to elevation 1,969.1 when re- to the Regional Director in charge of leases shall be made to equal inflow or the locality, with a copy to the rep- the maximum release permissible resentative in charge of the Twin under paragraph (a) of this section, Buttes Dam. whichever is greater. (e) Flood control operation shall not (c) The representative of the Bureau restrict releases necessary for munic- of Reclamation in immediate charge of ipal, industrial, and irrigation uses. operation of the Twin Buttes Dam (f) Releases made in accordance with shall furnish daily to the District Engi- the regulations of this section are sub- neer, Corps of Engineers, Department ject to the condition that releases shall of the Army, in charge of the locality, not be made at rates or in a manner a report, on forms provided by the Dis- trict Engineer for this purpose, show- that would be inconsistent with emer- ing (1) for Twin Buttes Reservoir, the gency requirements for protecting the elevation of the reservoir level; number Twin Buttes Dam and Reservoir from of river outlet works gates in operation major damage or inconsistent with safe with their respective openings and re- routing of the inflow design flood leases; uncontrolled spillway releases; (spillway design flood). storage; reservoir inflow; available (g) The discharge characteristics of evaporation data; and precipitation in the river outlet works (capable of dis- inches; and (2) for Nasworthy Res- charging approximately 32,470 c.f.s. ervoir, the elevation of the reservoir with the reservoir level at elevation level; irrigation outlet works and con- 1,969.1) shall be maintained in accord- trolled spillway releases; storage; ance with the construction plans (Bu- tailwater elevation; and reservoir in- reau of Reclamation Specifications No. flow. Normally, one reading at 8 a.m. DC–5274 as modified by revised draw- shall be shown for each day. Readings ings and criteria in Designers’ Oper- of all items except evaporation shall be ating Criteria, Twin Buttes Dam, dated shown for at least three observations a February 1963). day when the Twin Buttes Reservoir (h) All elevations stated in this sec- level is above elevation 1,940.2. When- tion are at Twin Buttes Dam and are ever the Twin Buttes Reservoir level referred to the datum in use at that lo- rises to elevation 1,940.2 and releases for flood regulation are necessary or cation. appear imminent, the Bureau rep- [31 FR 12521, Sept. 22, 1966] resentative shall report at once to the

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§ 208.25 Pensacola Dam and Reservoir, pool rises above elevation 745 at the Grand (Neosho) River, Okla. dam. The representative of the agency (d) The District Engineer will furnish charged with the operation of the Pen- the Representative with all available sacola Dam, referred to in this section information and detailed instructions as the Representative shall operate the for operation of the reservoir in the in- dam and reservoir in the interest of terest of flood control during an emer- flood control as follows: gency condition when communications (a) Whenever the pool stage exceeds between the dam and the District Of- elevation 745 at the dam, the discharge fice are broken. In the event that the facilities shall be operated under the District Engineer or his authorized rep- direction of the District Engineer, En- resentative cannot be reached by tele- gineer Department at Large, in charge phone, telegraph or by other means of the locality, so as to reduce as much during a flood emergency, these in- as practicable the flood damage below structions will govern. The provisions the reservoir and to limit the pool of paragraphs (a), (b), and (c) of this stage to elevation 755 at the dam. section will govern at all times except (b) The District Engineer will advise during such an emergency. the Representative when inflow rates (e) Elevations stated in this section are anticipated which will raise the are referred to Pensacola datum which pool above elevation 745 at the dam. is 1.07 feet below mean sea level. The District Engineer will also advise the Representative of essential in- [10 FR 15044, Dec. 14, 1945] crease in the flood control storage ca- pacity of the reservoir which should be § 208.26 Altus Dam and Reservoir, North Fork Red River, Okla. provided by drawing the pool down below elevation 745 at the dam in order The Bureau of Reclamation, or its to obtain maximum flood control bene- designated agent, shall operate the fits, with the provision that the sug- Altus Dam and Reservoir in the inter- gested reduction in power storage shall est of flood control as follows: at no time exceed the replacement vol- (a) Flood control storage in the res- ume of flow then in sight in the ervoir between elevation 1559 (top of streams above the reservoir. conservation pool) and elevation 1562 (c) The Representative shall furnish (top of flood control pool) amounts to the District Engineer, daily, a report 21,448 acre-feet (based on 1953 sedi- showing the elevation of the reservoir mentation survey). Whenever the res- pool and the tailwater, number of gates ervoir level is within this elevation in operation, spillway and turbine re- range, the flood control discharge fa- leases, evaporation, storage, reservoir cilities shall be operated under the di- inflow, and precipitation in inches as rection of the District Engineer, Corps shown by Agency gages. One reading of Engineers, Department of the Army, shall be shown for each day with addi- in charge of the locality, so as to re- tional readings of releases for all duce as much as practicable the flood changes in spillway gate operation, and damage below the dam, and to limit with readings of all items except evap- the reservoir level to elevation 1562 oration three times daily when the Dis- when possible. trict Engineer advises the Representa- (b) When the reservoir level is below tive that flood conditions are immi- elevation 1559 and the predicted volume nent. By agreement between the Rep- of runoff from the area above the dam resentative and the District Engineer, exceeds the volume of water necessary any of the foregoing information may to raise the reservoir level above ele- be furnished by telephone and may, if vation 1559, the reservoir will be oper- agreed upon, be omitted from the re- ated to obtain maximum overall bene- port. Whenever the pool is above ele- fits which may consist of preflood re- vation 745 at the dam the Representa- leases: Provided, That all preflood re- tive shall submit additional reports by leases will have prior concurrence of telegraph or telephone as directed by the Bureau of Reclamation or its des- the District Engineer, with a report to ignated agent. The preflood releases be furnished immediately whenever the shall not result in a reservoir level

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below elevation 1559 at the end of the or appear imminent, the representative flood. of the Bureau of Reclamation or its (c) When the reservoir level exceeds designated agent, shall report at once elevation 1559, releases will be made to the District Engineer by telephone equal to inflow or 2,000 c.f.s., whichever or telegraph and, unless otherwise in- is smaller, except that when the res- structed, shall report at 8 a.m., noon, ervoir elevation forecast indicates that and 3 p.m. thereafter, in that manner, this operation will result in a reservoir until the reservoir level recedes to ele- level exceeding elevation 1562, releases vation 1559. These latter reports shall will be increased in order to provide reach the District Engineer by 9 a.m., 1 maximum overall benefits and prevent p.m., and 4 p.m. each day. the reservoir level from exceeding ele- (g) The regulations of this section, vation 1562, insofar as possible. The insofar as they govern use of the flood flood control pool will be emptied by control storage capacity above ele- continuing the peak discharge rate vation 1559 are subject to temporary until the reservoir level recedes to ele- modification by the District Engineer vation 1559, at which time releases will in time of flood, if found desirable on be made equal to inflow. the basis of conditions at the time. (d) If the reservoir level exceeds ele- Such desired modifications shall be co- vation 1562 (top of flood control pool) ordinated with and approved by the Bu- releases shall be made at the maximum reau of Reclamation. rate possible through the spillway (h) Flood control operation shall not gates, conduit, and the uncontrolled restrict releases necessary for irriga- spillway and continued until the res- tion, municipal, and industrial uses. ervoir level recedes to elevation 1559, (i) Releases made in accordance with at which time releases will be made the regulations of this section are sub- equal to inflow. ject to the conditions that releases (e) Whenever the reservoir level is shall not be made at rates or in a man- above elevation 1559 and communica- ner that would be inconsistent with tion with the Bureau of Reclamation emergency requirements for protecting Regional Office and the Corps of Engi- the dam and reservoir from major dam- neers District Office is unobtainable, age. releases shall be made equal to inflow (j) Any time that the Bureau of Rec- until all gates are fully open. The max- lamation determines that operation in imum release thus obtained shall be accordance with the regulations of this maintained until the pool recedes to section will jeopardize the safety of elevation 1559 at which time releases Altus Dam, they will so advise the Dis- shall be made to equal inflow. trict Engineer and will assume oper- (f) The representative of the Bureau ational responsibility and take action of Reclamation, or its designated necessary to assure the safety of the agent, in immediate charge of the oper- dam. ation of Altus Dam will furnish daily (k) The discharge characteristics of to the District Engineer, Corps of Engi- the controlled and the uncontrolled neers, Department of the Army, in spillways (capable of discharging ap- charge of the locality, a report on proximately 42,800 c.f.s. and 2,000 c.f.s., forms provided by the District for this respectively, with the reservoir level at purpose, showing the reservoir pool ele- elevation 1562) shall be maintained in vation; the number of spillway gates in accordance with the construction plans operation with their respective opening (Bureau of Reclamation Drawing No. and releases; the uncontrolled spillway 258–D–69). release; conduit, canal outlet (l) All elevations stated in this sec- wasteway, and irrigation releases; stor- tion are at Altus Dam and are referred age; reservoir inflow; available evapo- to the datum in use at that location. ration data; and precipitation in [33 FR 12733, Sept. 7, 1968] inches. A reading at 8 a.m., noon, 4 p.m., and midnight, shall be shown for § 208.27 Fort Cobb Dam and Reservoir, each day. Whenever the reservoir level Pond (Cobb) Creek, Oklahoma. rises to elevation 1559 and releases for The Bureau of Reclamation shall op- flood control regulation are necessary erate the Fort Cobb Dam and Reservoir

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in the interest of flood control as fol- ever the reservoir level rises to ele- lows: vation 1342.0 and releases for flood reg- (a) Whenever the reservoir level is ulation are necessary or appear immi- between elevation 1342.0, top of the nent, the Bureau representative shall conservation pool, and elevation 1354.8, report at once to the District Engineer top of flood control pool, the flood con- by telephone or telegraph and, unless trol discharge facilities shall be oper- otherwise instructed, shall report once ated under the direction of the District daily thereafter in that manner until Engineer, Corps of Engineers, Depart- the reservoir level recedes to elevation ment of the Army, in charge of the lo- 1342.0. These latter reports shall reach cality, so as to reduce as much as prac- the District Engineer by 9:00 a.m., each ticable the flood damage below the res- day. ervoir. All flood control releases shall (d) The regulations of this section in- be made in amounts which, when com- sofar as they govern use of the flood bined with local inflow below the dam, control storage capacity above ele- will not produce flows in excess of vation 1342.0 are subject to temporary bankfull on Pond (Cobb) Creek down- modification in time of flood by the stream of the reservoir and on the District Engineer if found desirable on Washita River downstream of their the basis of conditions at the time. confluence. In order to accomplish this Such desired modifications shall be purpose, flows shall not exceed a 13.0- communicated to the representative of foot stage (1,300 cfs) on the USGS gage the Bureau of Reclamation in imme- on Pond (Cobb) Creek near Fort Cobb, diate charge of operations of the Fort Oklahoma, river mile 5.0; a 19.0-foot Cobb Dam by any available means of stage (6,000 cfs) on the USGS gage on communication and shall be confirmed the Washita River near Anadarko, in writing under date of the same day Oklahoma, river mile 305.0; or a 19.0- to the Regional Director in charge of foot stage on the USGS gage near the locality, with a copy to the rep- Bradley, Oklahoma, river mile 210.6. resentative in charge of the Fort Cobb (b) When the reservoir level exceeds Dam. elevation 1354.8, top of flood control (e) Flood control operation shall not pool, releases shall be made at the restrict releases necessary for munic- maximum rate possible and continued ipal-industrial and irrigation uses: until the pool elevation recedes to ele- (f) Releases made in accordance with vation 1354.8 when releases shall be the regulations of this section are sub- made to equal inflow or the maximum ject to the condition that releases shall release permissible under paragraph (a) not be made at rates or in a manner of this section, whichever is greater. that would be inconsistent with emer- (c) The representative of the Bureau gency requirements for protecting the of Reclamation in immediate charge of dam and reservoir from major damage operation of the Fort Cobb Dam shall or inconsistent with safe routing of the furnish daily to the District Engineer, inflow design flood. Corps of Engineers, Department of the (g) All elevations stated in this sec- Army, in charge of the locality, a re- tion are at Fort Cobb Dam and are re- port, on forms provided by the District ferred to the datum in use at that loca- Engineer showing the elevation of the tion. reservoir level; number of river outlet works gates in operation with their re- [26 FR 3190, Apr. 14, 1961] spective openings and releases; uncon- trolled spillway and municipal outlet § 208.28 Foss Dam and Reservoir, works release; storage; tailwater ele- Washita River, Oklahoma. vation; reservoir inflow; available The Bureau of Reclamation shall op- evaporation data; and precipitation in erate the Foss Dam and Reservoir in inches. Normally, one reading at 8:00 the interest of flood control as follows: a.m., shall be shown for each day. (a) Whenever the reservoir level is Readings of all items except evapo- between elevation 1652.0, top of con- ration shall be shown for at least three servation pool, and elevation 1668.6, top observations a day when the reservoir of flood control pool, the flood control level is above elevation 1342.0. When- discharge facilities shall be operated

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under the direction of the District En- ner until the reservoir level recedes to gineer, Corps of Engineers, Department elevation 1652.0. These latter reports of the Army, in charge of the locality, shall reach the District Engineer by so as to reduce as much as practicable 9:00 a.m., each day. the flood damage below the reservoir. (d) The regulations of this section in- All flood control releases shall be made sofar as they govern use of the flood in amounts which, when combined with control storage capacity above ele- local inflow below the dam, will not vation 1652.0 are subject to temporary produce flows in excess of bankfull on modification in time of flood by the the Washita River downstream of the District Engineer if found desirable on reservoir. In order to accomplish this the basis of conditions at the time. purpose, flows shall not exceed an 18.0 Such desired modifications shall be foot stage (3,000 c.f.s.) on the USGS communicated to the representative of gage on the Washita River near Clin- the Bureau of Reclamation in imme- ton, Oklahoma, river mile 447.4, or an diate charge of operations of the Foss 18.0 foot stage (6,000 c.f.s.) on the USGS Dam by any available means of com- gage on the Washita River near Car- munication and shall be confirmed in negie, Oklahoma, river mile 353.9. writing under date of the same day to (b) When the reservoir level exceeds the Regional Director in charge of the elevation 1668.6, top of flood control locality, with a copy to the representa- pool, releases shall be made at the tive in charge of the Foss Dam. maximum rate possible through the (e) Flood control operations shall not river outlet works and uncontrolled restrict releases necessary for munic- spillway and continued until the pool ipal-industrial and irrigation uses. elevation recedes to elevation 1668.6 (f) Releases made in accordance with when releases shall be made to equal the regulations of this section are sub- inflow or the maximum release permis- ject to the condition that releases shall sible under paragraph (a) of this sec- not be made at rates or in a manner tion, whichever is greater. that would be inconsistent with emer- (c) The representative of the Bureau gency requirements for protecting the of Reclamation in immediate charge of dam and reservoir from major damage operation of the Foss Dam shall fur- or inconsistent with safe routing of the nish daily to the District Engineer, inflow design flood. Corps of Engineers, Department of the (g) All elevations stated in this sec- Army, in charge of the locality, on tion are at Foss Dam and are referred forms provided by the District Engi- to the datum in use at that location. neer for this purpose, a report, showing [26 FR 6982, Aug. 3, 1961] the elevation of the reservoir level; number of river outlet works gates in § 208.29 Arbuckle Dam and Lake of the operation with their respective open- Arbuckles, Rock Creek, Okla. ings and releases; canal outlet works, The Bureau of Reclamation, or its municipal outlet works and uncon- designated agent, shall operate the Ar- trolled spillway releases; storage; buckle Dam and Lake of the Arbuckles tailwater elevation; reservoir inflow; in the interest of flood control as fol- available evaporation data; and pre- lows: cipitation in inches. Normally, one (a) Flood control storage in Lake of reading at 8:00 a.m. shall be shown for the Arbuckles between elevation 872 each day. Readings of all items except (top of conservation pool) and ele- evaporation shall be shown for at least vation 885.3 (top of flood control pool) three observations a day when the res- initially amounts to 36,400 acre-feet. ervoir level is above elevation 1652.0. Whenever the lake level is within this Whenever the reservoir level rises to elevation range the flood control dis- elevation 1652.0 and releases for flood charge facilities shall be operated regulation are necessary or appear im- under the direction of the District En- minent, the Bureau representative gineer, Corps of Engineers, Department shall report at once to the District En- of the Army, in charge of the locality, gineer by telephone or telegraph and, so as to reduce as much as practicable unless otherwise instructed, shall re- of the flood damage below the lake. In port once daily thereafter in that man- order to accomplish this purpose, flood

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control releases shall be limited to trol storage capacity above elevation amounts, which when combined with 872, are subject to temporary modifica- local inflows below the dam will not tion in time of flood by the District produce flows in excess of bankfull on Engineer if found desirable on the basis Rock Creek downstream of the lake of conditions at the time. Such desired and on the Washita River, from the modifications shall be communicated confluence of Rock Creek to Durwood, to the representative of the Bureau of Okla. Operating stages and cor- Reclamation and its designated agent responding flows are as follows: An 11- in immediate charge of operation of foot stage (15,000 c.f.s.) on the U.S.G.S. the Arbuckle Dam by any available gage on Rock Creek near Dougherty, means of communication, and shall be Okla., river mile 1; and a 20-foot stage confirmed in writing under date of the (15,000 c.f.s.) on the U.S.G.S. gage on same day to the Regional Director in the Washita River near Durwood, charge of the locality, and his des- Okla., river mile 63.4. ignated agent, with a copy to the rep- (b) When the level in Lake of the Ar- resentative in charge of the Arbuckle buckles exceeds elevation 885.3 (top of Dam. flood control pool), releases shall be (e) Flood control operation shall not made at the maximum rate possible restrict pumping necessary for munic- through the river outlet works and the ipal and industrial uses and releases uncontrolled spillway and continued necessary for downstream users. until the lake level recedes to ele- (f) Releases made in accordance with vation 885.3 when releases shall be the regulations of this section are sub- made to equal inflow or the maximum ject to the condition that releases shall release permissible under paragraph (a) not be made at rates or in a manner of this section, whichever is greater. that would be inconsistent with emer- (c) The representative of the Bureau gency requirements for protecting the of Reclamation or its designated agent dam and lake from major damage or in immediate charge of operation of inconsistent with the safe routing of the Arbuckle Dam shall furnish daily the inflow design flood (spillway design to the District Engineer, Corps of Engi- flood). neers, Department of the Army, in (g) The discharge characteristics of charge of the locality, a report, on the river outlet works (capable of dis- forms provided by the District Engi- charging approximately 1,880 c.f.s. neer for this purpose, showing the lake when the lake level is at 872) shall be elevation; the number of river outlet maintained in accordance with the con- works gates in operation with their re- struction plans (Bureau of Reclamation spective openings and releases; uncon- Specifications No. 6099 as modified by trolled spillway release; municipal the ‘‘as built’’ drawings). pumping rate; tailwater elevation; (h) All elevations stated in this sec- available evaporation data; and pre- tion are at Arbuckle Dam and are re- cipitation in inches. Normally, a read- ferred to the datum in use at that loca- ing at 8 a.m., noon, 4 p.m., and mid- tion. night shall be shown for each day. Whenever the lake level rises to ele- [33 FR 263, Jan. 9, 1968] vation 872 and releases for flood regula- tion are necessary or appear imminent, § 208.32 Sanford Dam and Lake Mere- the representative of the Bureau of dith, Canadian River, Tex. Reclamation or its designated agent, The Bureau of Reclamation, or its shall report at once to the District En- designated agent, shall operate the gineer by telephone or telegraph and Sanford Dam and Lake Meredith in the unless otherwise instructed shall re- interest of flood control as follows: port once daily thereafter in that man- (a) Flood control storage in the res- ner until the lake level recedes to ele- ervoir, Lake Meredith, between ele- vation 872. These latter reports shall vation 2941.3 (top of conservation pool) reach the District Engineer by 9 a.m. and elevation 2965.0 (top of flood con- each day. trol pool) initially amounts to 462,100 (d) The regulations of this section, acre-feet. Whenever the reservoir level insofar as they govern use of flood con- is within this elevation range, the flood

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control discharge facilities shall be op- trict Engineer by telephone or tele- erated under the direction of the Dis- graph and, unless otherwise instructed, trict Engineer, Corps of Engineers, De- will report once daily thereafter in partment of the Army, in charge of the that manner until the reservoir level locality, so as to reduce as much as recedes to elevation 2941.3. These latter practicable the flood damage below the reports shall reach the District Engi- reservoir. All flood control releases neer by 9 a.m. each day. shall be made in amounts which, when (d) The regulations of this section, combined with local inflow below the insofar as they govern use of the flood dam, will not produce flows in excess of control storage capacity above ele- bankfull on the Canadian River down- vation 2941.3, are subject to temporary stream of the reservoir. In order to ac- modification in time of flood by the complish this purpose, flows shall not exceed 25,000 c.f.s. at the Sanford Dam District Engineer if found desirable on site or an 8.0-foot stage (75,000 c.f.s.) on the basis of conditions at the time. the U.S.G.S. gage on the Canadian Such desired modifications shall be River near Canadian, Tex., river mile communicated to the representative of 433.9. the Bureau of Reclamation and its des- (b) When the reservoir level exceeds ignated agent in immediate charge of elevation 2965.0 (top of flood control operation of the Sanford Dam by the pool) releases shall be made at the best available means of communica- maximum rate possible through the tion, and shall be confirmed in writing flood control outlet works, the river under date of the same day to the Re- outlet works and the uncontrolled gional Director in charge of the local- spillway and continue until the pool ity, and his designated agent, with a level recedes to elevation 2965.0 when copy to the representative in charge of releases will be made to equal inflow or the Sanford Dam. the maximum release permissible (e) Flood control operation shall not under paragraph (a) of this section, restrict pumping necessary for munic- whichever is greater. ipal and industrial uses and releases (c) The representative of the Bureau necessary for downstream users. of Reclamation, or its designated agent (f) Release made in accordance with in immediate charge of operation of the regulations of this section are sub- the Sanford Dam will furnish daily to ject to the condition that releases shall the District Engineer, Corps of Engi- neers, Department of the Army, in not be made at rates or in a manner charge of the locality, a report, on that would be inconsistent with emer- forms provided by the District Engi- gency requirements for protecting the neer for this purpose showing the pool dam and reservoir from major damage elevation; the number of flood control or inconsistent with the safe routing of outlet works gates in operation with the inflow design flood (spillway design their respective openings and releases; flood). the uncontrolled spillway release; and (g) The discharge characteristics of the municipal outlet works release; the flood control outlet works (capable storage; tailwater elevation; reservoir of discharging approximately 22,000 inflow; available evaporation data; and c.f.s. with the reservoir level at ele- precipitation in inches. Normally a vation 2941.3) shall be maintained in reading at 8 a.m., noon, 4 p.m., and accordance with the construction plans midnight, shall be shown for each day. (Bureau of Reclamation Specifications Readings of all items except evapo- No. DC–5725 as modified by revised ration shall be shown for at least four drawings and criteria in Designers’ Op- observations a day when the reservoir erating Criteria, Sanford Dam, dated level is at or above elevation 2941.3. October 1965). Whenever the reservoir level rises to (h) All elevations stated in this sec- elevation 2941.3 and releases for flood tion are at Sanford Dam and are re- regulation are necessary or appear im- ferred to the datum in use at that loca- minent, the representative of the Bu- tion. reau of Reclamation, or its designated agent, shall report at once to the Dis- [31 FR 7751, June 1, 1966]

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§ 208.33 Cheney Dam and Reservoir, neer for this purpose, showing the pool North Fork of Ninnescah River, elevation; the number of river outlet Kans. works gates in operation with their re- The Bureau of Reclamation, or its spective openings and releases; uncon- designated agent, shall operate the trolled spillway release; municipal Cheney Dam and Reservoir in the in- pumping rate; storage; tailwater ele- terest of flood control as follows: vation; reservoir inflow; available (a) Flood control storage in the res- evaporation data; and precipitation in ervoir is the capacity between ele- inches. Normally, a reading at 8 a.m., vation 1421.6 (top of the conservation noon, 4 p.m., and midnight, shall be pool) and elevation 1429.0 (top of the shown for each day. Whenever the res- flood control pool), and initially ervoir pool rises to elevation 1421.6 and amounts to 80,860 acre-feet. Whenever releases for flood regulation are nec- the reservoir level is within this range essary or appear imminent, the rep- the flood control discharge facilities resentative of the Bureau of Reclama- shall be operated under the direction of tion or its designated agent, shall re- the District Engineer, Corps of Engi- port at once to the District Engineer neers, Department of the Army, in by telephone or telegraph, and, unless charge of the locality, so as to reduce as much as practicable the flood dam- otherwise instructed, shall report once age below the reservoir. All flood con- daily thereafter in that manner until trol releases shall be made in amounts the reservoir pool recedes to elevation which, when combined with local in- 1421.6. These latter reports shall reach flow below the dam, will not produce the District Engineer by 9 a.m. each flows in excess of bankfull on the day. North Fork of Ninnescah and (d) The regulations of this section, Ninnescah River downstream of the insofar as they govern use of flood con- reservoir and on the Arkansas River to trol storage capacity above elevation Arkansas City, Kans. In order to ac- 1421.6, are subject to temporary modi- complish this, flows shall not exceed a fication in time of flood by the District 90-foot stage (2,500 c.f.s.) on the Engineer if found desirable on the basis U.S.G.S. gage on North Fork of of conditions at the time. Such desired Ninnescah River near Cheney, Kans., modifications shall be communicated river mile 8.8; a 12-foot stage (7,000 to the representative of the Bureau of c.f.s.) on the U.S.G.S. gage on Reclamation and its designated agent Ninnescah River near Peck, Kans., in immediate charge of operations of river mile 31.6; and a 16-foot stage the Cheney Dam by any available (18,000 c.f.s.) on the U.S.W.B. gage on means of communication, and shall be Arkansas River at Arkansas City, confirmed in writing under date of the Kans., river mile 701.4. same day to the Regional Director in (b) When the reservoir level exceeds charge of the locality, and his des- elevation 1429.0 (top of flood control ignated agent, with a copy to the rep- pool), releases shall be made at the resentative in charge of the Cheney maximum rate possible through the Dam. river outlet works and the uncon- (e) Flood control operation shall not trolled spillway and continued until the pool recedes to elevation 1429.0 restrict pumping necessary for munic- when releases shall be made to equal ipal and industrial uses and releases inflow or the maximum release permis- necessary for downstream users. sible under paragraph (a) of this sec- (f) Releases made in accordance with tion, whichever is greater. the regulations of this section are sub- (c) The representative of the Bureau ject to the condition that releases shall of Reclamation or its designated agent not be made at rates or in a manner in immediate charge of operation of that would be inconsistent with emer- the Cheney Dam shall furnish daily to gency requirements for protecting the the District Engineer, Corps of Engi- dam and reservoir from major damage neers, Department of the Army, in or inconsistent with the safe routing of charge of the locality, a report, on the inflow design flood (spillway design forms provided by the District Engi- flood).

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(g) The discharge characteristics of made to equal inflow or the maximum the river outlet works (capable of dis- release permissible under paragraph (a) charging approximately 3,590 c.f.s. with of this section, whichever is greater. the reservoir level at elevation 1421.6) (c) The representative of the Bureau shall be maintained in accordance with of Reclamation or its designated agent the construction plans (Bureau of Rec- in immediate charge of operation of lamation Specifications No. DC–5744 as the Norman Dam shall furnish daily to modified by revised drawings and cri- the District Engineer, Corps of Engi- teria in Designers’ Operating Criteria, neers, Department of the Army, in Cheney Dam, dated November 1964). charge of the locality, a report, on (h) All elevations stated in this sec- forms provided by the District Engi- tion are at Cheney Dam and are re- ferred to the datum in use at that loca- neer showing the pool elevation; the tion. number of river outlet works gates in operation with their respective open- [31 FR 7751, June 1, 1966] ings and releases; uncontrolled spill- way release; municipal pumping rate; § 208.34 Norman Dam and Lake Thun- derbird, Little River, Okla. storage; tail water elevation; reservoir inflow; available evaporation data; and The Bureau of Reclamation, or its precipitation in inches. Normally, a designated agent, shall operate Nor- reading at 8 a.m., noon, 4 p.m. and mid- man Dam and Lake Thunderbird in the night, shall be shown for each day. interest of flood control as follows: (a) Flood control storage in Lake Whenever the reservoir level rises to Thunderbird between elevation 1039 elevation 1039 and releases for flood (top of the conservation pool) and ele- regulation are necessary or appear im- vation 1049.4 (top of flood control pool) minent, the representative of the Bu- initially amounts to 76,600 acre-feet. reau of Reclamation or its designated Whenever the reservoir level is within agent, shall report at once to the Dis- this elevation range the flood control trict Engineer by telephone or tele- discharge facilities at Norman Dam graph and, unless otherwise instructed, shall be operated under the direction of shall report once daily thereafter in the District Engineer, Corps of Engi- that manner until the reservoir level neers, Department of the Army, in recedes to elevation 1039. These latter charge of the locality, so as to reduce reports shall reach the District Engi- as much as practicable the flood dam- neer by 9 a.m. each day. age below the reservoir. In order to ac- (d) The regulations of this section, complish this purpose, flood control re- insofar as they govern use of flood con- leases shall be limited to amounts trol storage capacity above elevation which, when combined with local 1039.0, are subject to temporary modi- inflows below the dam, will not fication in time of flood by the District produce flows in excess of bankfull on Engineer if found desirable on the basis the Little River downstream of the res- of conditions at the time. Such desired ervoir. Controlling bankfull stages and modifications shall be communicated corresponding flows, as presently esti- to the representative of the Bureau of mated, are as follows: A 7.5-foot stage Reclamation and its designated agent (1,800 c.f.s.) on the U.S.G.S. gage on Little River near Tecumseh, Okla., in immediate charge of operations of river mile 77.2 and a 17-foot stage (6,500 the Norman Dam by any available c.f.s.) on the U.S.G.S. gage on Little means of communication, and shall be River near Sasakwa, Okla., river mile confirmed in writing under date of the 24.1. same day to the Regional Director in (b) When the reservoir level in Lake charge of the locality, and his des- Thunderbird exceeds elevation 1049.4 ignated agent, with a copy to the rep- (top of flood control pool), releases resentative in charge of the Norman shall be made at the maximum rate Dam. possible through the river outlet works (e) Flood control operation shall not and the uncontrolled spillway and con- restrict pumping necessary for munic- tinued until the pool recedes to ele- ipal and industrial uses and releases vation 1049.4 when releases shall be necessary for downstream users.

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(f) Releases made in accordance with essary by the Corps of Engineers and the regulations of this section are sub- the Districts. Each such revision shall ject to the condition that releases shall be effective upon the date specified in not be made at rates or in a manner the approval thereof by the Chief of that would be inconsistent with emer- Engineers and by the presidents of the gency requirements for protecting the Districts and from that date until re- dam and reservoir from major damage placed shall be the Flood-Control Stor- or inconsistent with the safe routing of age Reservation Diagram currently in the inflow design flood (spillway design force for the purpose of this section. flood). Copies of the Flood-Control Storage (g) The discharge characteristics of Reservation Diagram currently in force the river outlet works (capable of dis- shall be kept on file in and may be ob- charging approximately 5,400 c.f.s. with tained from the office of the District the reservoir level at elevation 1039.0) Engineer, Corps of Engineers, in charge shall be maintained in accordance with of the locality, the office of the the construction plans (Bureau of Rec- Turlock Irrigation District, Turlock, lamation Specifications No. DC–5793 as California, and the office of the Mo- revised by the ‘‘as built drawings’’). (h) All elevations stated in this sec- desto Irrigation District, Modesto, tion are at Norman Dam and are re- California. ferred to the datum in use at that loca- (b) Storage space in Hetch Hetchy tion. Reservoir shall be kept available for flood-control purposes in accordance [34 FR 4967, Mar. 7, 1969] with the Flood-Control Storage Res- § 208.82 Hetch Hetchy, Cherry Valley, ervation Diagram for that reservoir and Don Pedro Dams and Res- currently in force, except when storage ervoirs. of floodwater is necessary as prescribed The Turlock Irrigation District and in paragraph (e) of this section. The Modesto Irrigation District, acting Flood-Control Storage Reservation jointly, hereinafter called the Dis- Diagram in force as of the promulga- tricts, shall operate Don Pedro Dam tion of this section is that dated April and Reservoir in the interest of flood 4, 1956, File No. TU–3–26–1, and is on file control, and the City and County of in the Office. Chief of Engineers, De- San Francisco, hereinafter called the partment of the Army, Washington, City, shall operate Hetch Hetchy Dam D.C., and in the office of the Public and Reservoir and Cherry Valley Dam Utilities Commission of the City and and Reservoir in the interest of flood County of San Francisco, California. control all as follows: Revisions of the Flood-Control Storage (a) Storage space in Don Pedro Res- Reservation Diagram may be developed ervoir shall be kept available for flood- from time to time as necessary by the control purposes in accordance with Corps of Engineers and the City. Each the Flood-Control Storage Reservation such revision shall be effective upon Diagram currently in force for that the date specified in the approval reservoir, except when storage of flood- thereof by the Chief of Engineers and water is necessary as prescribed in by the Public Utilities Commission of paragraph (d) of this section. The the City and County of San Francisco, Flood-Control Storage Reservation California, and from that date until re- Diagram in force as of the promulga- placed shall be the Flood-Control Stor- tion of this section is that dated 4 age Reservation Diagram currently in April 1956, File No. TU–1–26–7, and is on force for the purpose of this section. file in the Office of the Chief of Engi- Copies of the Flood-Control Storage neers, Department of the Army, Wash- Reservation Diagram currently in force ington, D.C., in the office of the shall be kept on file in and may be ob- Turlock Irrigation District, Turlock, tained from the office of the District California, and in the office of the Mo- Engineer, Corps of Engineers, in charge desto Irrigation District, Modesto, of the locality, and the office of the California. Revisions of the Flood-Con- Public Utilities Commission of the trol Storage Reservation Diagram may City and County of San Francisco, be developed from time to time as nec- California.

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(c) Storage space in Cherry Valley control space at Don Pedro Reservoir. Reservoir shall be kept available for Such releases shall be proportioned be- flood-control purposes in accordance tween Hetch Hetchy and Cherry Valley with the Flood-Control Reservation Reservoirs in such manner as to assure Diagram currently in force for that that the percentage of encroachment reservoir except when storage of flood- into the flood-control space at the two water is necessary as prescribed in reservoirs will tend toward equality in- paragraph (e) of this section. The sofar as possible. Whenever the storage Flood-Control Storage Reservoir Dia- space in Don Pedro Reservoir is less gram in force as of the promulgation of than 90 percent of that indicated by the this section is that dated April 4, 1956, Flood-Control Storage Reservation File No. TU–2–26–6, and is on file in the Diagram currently in force for that Office, Chief of Engineers, Corps of En- reservoir, releases from Hetch Hetchy gineers, Department of the Army, and Cherry Valley Reservoirs shall be Washington, D.C., and in the office of restricted to those required in connec- the Public Utilities Commission of the tion with the generation of hydro- City and County of San Francisco, electric power in the power system of California. Revisions of the Flood-Con- the City and in connection with diver- trol Storage Reservation Diagram may sion into the water supply system of be developed from time to time as nec- the City. essary by the Corps of Engineers and (f) In the event that the water level the City. Each such revision shall be in Don Pedro Reservoir rises above ele- effective upon the date specified in the vation 605.55 at the dam (top of spill- approval thereof by the Chief of Engi- way gates), subsequent operation of the neers and by the Public Utilities Com- dam shall be such as to cause down- mission of the City and County of San stream flows to exceed as little as pos- Francisco, California, and from that sible the criteria prescribed in para- date until replaced shall be the Flood- graph (d) of this section, and in no Control Storage Reservation Diagram event to cause the maximum subse- currently in force for the purpose of quent release from the reservoir to ex- this section. Copies of the Flood-Con- ceed the estimated maximum subse- trol Storage Reservation Diagram cur- quent inflow to the reservoir. rently in force shall be kept on file in and may be obtained from the office of (g) In the event that the water level the District Engineer, Corps of Engi- in Hetch Hetchy Reservoir rises above neers, in charge of the locality, and the elevation 3806 at the dam (top of spill- office of the Public Utilities Commis- way gates), subsequent operation of the sion of the City and County of San dam shall be such as to cause down- Francisco, California. stream flows to exceed as little as pos- (d) Any water temporarily stored in sible the criteria prescribed in para- the flood-control space indicated by graph (e) of this section, and in no the Flood-Control Storage Reservation event to cause the maximum subse- Diagram currently in force for Don quent release from the reservoir to ex- Pedro Reservoir shall be released as ceed the estimated maximum subse- rapidly as can be accomplished without quent inflow to the reservoir. causing flows in Tuolumne River below (h) In the event that the water level LaGrange Dam to exceed 7,000 c.f.s. in Cherry Valley Reservoir rises above during rain floods or to exceed 9,000 elevation 4700 at the dam (spillway c.f.s. at all other times. crest), subsequent operation of the dam (e) Any water temporarily stored in shall be such as to cause downstream the flood-control space indicated by flows to exceed as little as possible the the Flood-Control Storage Reservation criteria prescribed in paragraph (e) of Diagrams currently in force for Hetch this section, and in no event to cause Hetchy and Cherry Valley Reservoirs the maximum subsequent release from shall be released as rapidly as can be the reservoir to exceed the estimated accomplished without exceeding the re- maximum subsequent inflow to the res- spective safe channel capacities, and ervoir. without materially contributing to (i) Nothing in the regulations of this major encroachment into the flood- section shall be construed to require

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dangerously rapid changes in mag- PART 209—ADMINISTRATIVE nitudes of releases from any of the res- PROCEDURE ervoirs. (j) The Districts shall procure such Sec. current basic hydrologic data, make 209.50 Mississippi River Commission: Public such current determinations of re- observation of Commission meetings. quired flood-control storage reserva- 209.138a Authorization for exploratory drill- ing in the Gulf of Santa Catalina, Calif. tion in Don Pedro Reservoir, and cur- 209.140 Operations of the Corps of Engineers rent calculations of permissible re- under the Federal Power Act. leases from Don Pedro Reservoir as are 209.141 Coordination of hydroelectric power required to accomplish the flood-con- operations with power marketing agen- trol objectives of the regulations of cies. 209.155 Expenditure of Federal funds for this section. work shoreward of harbor lines. (k) The City shall procure such cur- 209.160 The California Debris Commission. rent basic hydrologic data, and make 209.170 Violations of laws protecting navi- such current calculations of permis- gable waters. sible releases from Hetch Hetchy and 209.180 Temporary closure of waterway to navigation. Cherry Valley Reservoirs as are re- 209.190 [Reserved] quired to accomplish the flood-control 209.200 Regulations governing navigable wa- objectives of the regulations of this ters. section. 209.220 Flood control regulations. 209.230 Use of reservoir areas for recreation. (l) The City shall keep the District 209.300 Flood control regulations. Engineer, Corps of Engineers, in charge 209.310 Representation of submarine cables of the locality, and the Districts cur- and pipelines on nautical charts. rently advised of reservoir releases, 209.315 Public access to navigation works. reservoir storages, basic operating cri- 209.320 Policy on release of commercial sta- tistics. teria which affect the schedule of oper- 209.325 Navigation lights, aids to naviga- ations, and such other operating data tion, navigation charts, and related data as the District Engineer, Corps of Engi- policy, practices and procedure. neers, may request for Hetch Hetchy, 209.335 Publication. Eleanor, and Cherry Valley Reservoirs. 209.340 Laboratory investigations and mate- rials testing. (m) The Districts shall keep the Dis- 209.345 Water resource policies and authori- trict Engineer, Corps of Engineers, in ties. charge of the locality, and the City APPENDIX A TO PART 209—PUBLIC LAW 90–483, currently advised of reservoir releases, 90TH CONGRESS, S. 3710, AUGUST 13, 1968 reservoir storages, basic operating cri- AUTHORITY: 5 U.S.C. 301; 33 U.S.C. 1; 10 teria which affect the schedule of oper- U.S.C. 3012. ations, and such other operating data SOURCE: 33 FR 18670, Dec. 18, 1968, unless as the District Engineer, Corps of Engi- otherwise noted. neers, may request for Don Pedro Res- ervoir. § 209.50 Mississippi River Commission: (n) The flood-control regulations of Public observation of Commission this section are subject to temporary meetings. modification by the District Engineer, (a) Purpose. (1) The purpose of this Corps of Engineers, if found necessary regulation is to afford to the public, to in time of flood emergency. Request for the fullest possible extent, information and action on such modifications may regarding the decisionmaking proc- be made by any available means of esses of the Mississippi River Commis- communication, and such action shall sion and to open all meetings of the be confirmed in writing under date of Mississippi River Commission to public same day to the operating agency for observation except in instances where a portion or portions of a meeting may the reservoir affected. be closed to the public in accordance [21 FR 2682, Apr. 26, 1956] with this regulation in order to protect the rights of individuals and/or in order to permit the Mississippi River Com- mission to carry out its statutory and

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