Corps of Engineers, Dept. of the Army, DoD § 208.82 agent, shall report at once to the Dis- § 208.82 Hetch Hetchy, Cherry Valley, trict Engineer by telephone or tele- and Don Pedro Dams and Res- graph and, unless otherwise instructed, ervoirs. shall report once daily thereafter in The Turlock Irrigation District and that manner until the reservoir level Modesto Irrigation District, acting recedes to elevation 1039. These latter jointly, hereinafter called the Dis- reports shall reach the District Engi- tricts, shall operate Don Pedro Dam neer by 9 a.m. each day. and Reservoir in the interest of flood (d) The regulations of this section, control, and the City and County of insofar as they govern use of flood con- San Francisco, hereinafter called the trol storage capacity above elevation City, shall operate Hetch Hetchy Dam 1039.0, are subject to temporary modi- and Reservoir and Cherry Valley Dam and Reservoir in the interest of flood fication in time of flood by the District control all as follows: Engineer if found desirable on the basis (a) Storage space in Don Pedro Res- of conditions at the time. Such desired ervoir shall be kept available for flood- modifications shall be communicated control purposes in accordance with to the representative of the Bureau of the Flood-Control Storage Reservation Reclamation and its designated agent Diagram currently in force for that in immediate charge of operations of reservoir, except when storage of flood- the Norman Dam by any available water is necessary as prescribed in means of communication, and shall be paragraph (d) of this section. The confirmed in writing under date of the Flood-Control Storage Reservation same day to the Regional Director in Diagram in force as of the promulga- charge of the locality, and his des- tion of this section is that dated 4 ignated agent, with a copy to the rep- April 1956, File No. TU–1–26–7, and is on resentative in charge of the Norman file in the Office of the Chief of Engi- Dam. neers, Department of the Army, Wash- (e) Flood control operation shall not ington, D.C., in the office of the restrict pumping necessary for munic- Turlock Irrigation District, Turlock, ipal and industrial uses and releases California, and in the office of the Mo- necessary for downstream users. desto Irrigation District, Modesto, California. Revisions of the Flood-Con- (f) Releases made in accordance with trol Storage Reservation Diagram may the regulations of this section are sub- be developed from time to time as nec- ject to the condition that releases shall essary by the Corps of Engineers and not be made at rates or in a manner the Districts. Each such revision shall that would be inconsistent with emer- be effective upon the date specified in gency requirements for protecting the the approval thereof by the Chief of dam and reservoir from major damage Engineers and by the presidents of the or inconsistent with the safe routing of Districts and from that date until re- the inflow design flood (spillway design placed shall be the Flood-Control Stor- flood). age Reservation Diagram currently in (g) The discharge characteristics of force for the purpose of this section. the river outlet works (capable of dis- Copies of the Flood-Control Storage charging approximately 5,400 c.f.s. with Reservation Diagram currently in force the reservoir level at elevation 1039.0) shall be kept on file in and may be ob- shall be maintained in accordance with tained from the office of the District the construction plans (Bureau of Rec- Engineer, Corps of Engineers, in charge lamation Specifications No. DC–5793 as of the locality, the office of the revised by the ‘‘as built drawings’’). Turlock Irrigation District, Turlock, (h) All elevations stated in this sec- California, and the office of the Mo- tion are at Norman Dam and are re- desto Irrigation District, Modesto, California. ferred to the datum in use at that loca- (b) Storage space in Hetch Hetchy tion. Reservoir shall be kept available for [34 FR 4967, Mar. 7, 1969] flood-control purposes in accordance with the Flood-Control Storage Res- ervation Diagram for that reservoir 133 VerDate Mar<15>2010 10:03 Sep 08, 2014 Jkt 232137 PO 00000 Frm 00143 Fmt 8010 Sfmt 8010 Y:\SGML\232137.XXX 232137 pmangrum on DSK3VPTVN1PROD with CFR § 208.82 33 CFR Ch. II (7–1–14 Edition) currently in force, except when storage mission of the City and County of San of floodwater is necessary as prescribed Francisco, California, and from that in paragraph (e) of this section. The date until replaced shall be the Flood- Flood-Control Storage Reservation Control Storage Reservation Diagram Diagram in force as of the promulga- currently in force for the purpose of tion of this section is that dated April this section. Copies of the Flood-Con- 4, 1956, File No. TU–3–26–1, and is on file trol Storage Reservation Diagram cur- in the Office. Chief of Engineers, De- rently in force shall be kept on file in partment of the Army, Washington, and may be obtained from the office of D.C., and in the office of the Public the District Engineer, Corps of Engi- Utilities Commission of the City and neers, in charge of the locality, and the County of San Francisco, California. office of the Public Utilities Commis- Revisions of the Flood-Control Storage sion of the City and County of San Reservation Diagram may be developed Francisco, California. from time to time as necessary by the (d) Any water temporarily stored in Corps of Engineers and the City. Each the flood-control space indicated by such revision shall be effective upon the Flood-Control Storage Reservation the date specified in the approval Diagram currently in force for Don thereof by the Chief of Engineers and Pedro Reservoir shall be released as by the Public Utilities Commission of rapidly as can be accomplished without the City and County of San Francisco, causing flows in Tuolumne River below California, and from that date until re- LaGrange Dam to exceed 7,000 c.f.s. placed shall be the Flood-Control Stor- during rain floods or to exceed 9,000 age Reservation Diagram currently in c.f.s. at all other times. force for the purpose of this section. Copies of the Flood-Control Storage (e) Any water temporarily stored in Reservation Diagram currently in force the flood-control space indicated by shall be kept on file in and may be ob- the Flood-Control Storage Reservation tained from the office of the District Diagrams currently in force for Hetch Engineer, Corps of Engineers, in charge Hetchy and Cherry Valley Reservoirs of the locality, and the office of the shall be released as rapidly as can be Public Utilities Commission of the accomplished without exceeding the re- City and County of San Francisco, spective safe channel capacities, and California. without materially contributing to (c) Storage space in Cherry Valley major encroachment into the flood- Reservoir shall be kept available for control space at Don Pedro Reservoir. flood-control purposes in accordance Such releases shall be proportioned be- with the Flood-Control Reservation tween Hetch Hetchy and Cherry Valley Diagram currently in force for that Reservoirs in such manner as to assure reservoir except when storage of flood- that the percentage of encroachment water is necessary as prescribed in into the flood-control space at the two paragraph (e) of this section. The reservoirs will tend toward equality in- Flood-Control Storage Reservoir Dia- sofar as possible. Whenever the storage gram in force as of the promulgation of space in Don Pedro Reservoir is less this section is that dated April 4, 1956, than 90 percent of that indicated by the File No. TU–2–26–6, and is on file in the Flood-Control Storage Reservation Office, Chief of Engineers, Corps of En- Diagram currently in force for that gineers, Department of the Army, reservoir, releases from Hetch Hetchy Washington, D.C., and in the office of and Cherry Valley Reservoirs shall be the Public Utilities Commission of the restricted to those required in connec- City and County of San Francisco, tion with the generation of hydro- California. Revisions of the Flood-Con- electric power in the power system of trol Storage Reservation Diagram may the City and in connection with diver- be developed from time to time as nec- sion into the water supply system of essary by the Corps of Engineers and the City. the City. Each such revision shall be (f) In the event that the water level effective upon the date specified in the in Don Pedro Reservoir rises above ele- approval thereof by the Chief of Engi- vation 605.55 at the dam (top of spill- neers and by the Public Utilities Com- way gates), subsequent operation of the 134 VerDate Mar<15>2010 10:03 Sep 08, 2014 Jkt 232137 PO 00000 Frm 00144 Fmt 8010 Sfmt 8010 Y:\SGML\232137.XXX 232137 pmangrum on DSK3VPTVN1PROD with CFR Corps of Engineers, Dept. of the Army, DoD Pt. 209 dam shall be such as to cause down- reservoir storages, basic operating cri- stream flows to exceed as little as pos- teria which affect the schedule of oper- sible the criteria prescribed in para- ations, and such other operating data graph (d) of this section, and in no as the District Engineer, Corps of Engi- event to cause the maximum subse- neers, may request for Hetch Hetchy, quent release from the reservoir to ex- Eleanor, and Cherry Valley Reservoirs.