In order to meet the rapidly expanding demands for water throughout the Nation, it is hereby declared to be the policy of the Congress to encourage the conservation, development, and utilization of water and related land resources of the United States on a comprehensive and coordinated basis by the Federal Government, States, localities, and private enterprise with the cooperation of all affected Federal agencies, States, local governments, individuals, corporations, business enterprises, and others concerned.
(Pub. L. 89–80, §2, July 22, 1965, 79 Stat. 244.)
Pub. L. 93–251, title I, §109, Mar. 16, 1974, 88 Stat. 49, provided that: "This title [enacting sections 1962d–5c and 1962d–15 to 1962d–17 of this title, section 460ee of Title 16, Conservation, and sections 59c–2, 59k, 579, 701b–11, and 1252a of Title 33, Navigation and Navigable Waters, amending section 4482 of this title, sections 460l–13(a), (a)(3) and 460l–14(b)(1) of Title 16, section 275a of Title 22, Foreign Relations and Intercourse, and sections 701g, 701n, 701r, 701r–1(c), 701s, 709a(b), and 1165a(d) of Title 33, and enacting provisions set out as notes under sections 1962d–5 and 1962d–7 of this title and section 460l–13 of Title 16] may be cited as the 'Water Resources Development Act of 1974'."
Pub. L. 89–80, §1, July 22, 1965, 79 Stat. 244, provided that: "This Act [enacting this chapter] may be cited as the 'Water Resources Planning Act'."
Pub. L. 117–58, div. E, title II, §50218, Nov. 15, 2021, 135 Stat. 1179, provided that:
"(a)
"(b)
"(c)
"(1) chaired by the Administrator; and
"(2) comprised of senior representatives from such Federal agencies as the Administrator determines to be appropriate.
"(d)
"(1) with respect to water reuse, leverage the expertise of industry, the research community, nongovernmental organizations, and government;
"(2) seek to foster water reuse as an important component of integrated water resources management;
"(3) conduct an assessment of new opportunities to advance water reuse and annually update the Action Plan with new actions, as necessary, to pursue those opportunities;
"(4) seek to coordinate Federal programs and policies to support the adoption of water reuse;
"(5) consider how each Federal agency can explore and identify opportunities to support water reuse through the programs and activities of that Federal agency; and
"(6) consult, on a regular basis, with representatives of relevant industries, the research community, and nongovernmental organizations.
"(e)
"(f)
"(1)
"(2)
Pub. L. 109–448, Dec. 22, 2006, 120 Stat. 3328, provided that:
"This Act may be cited as the 'United States-Mexico Transboundary Aquifer Assessment Act'.
"The purpose of this Act is to direct the Secretary of the Interior to establish a United States-Mexico transboundary aquifer assessment program to systematically assess priority transboundary aquifers.
"In this Act:
"(1)
"(2) IBWC.—The term 'IBWC' means the International Boundary and Water Commission, an agency of the Department of State.
"(3)
"(A) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and
"(B) the reservation of which includes a transboundary aquifer within the exterior boundaries of the reservation.
"(4)
"(5)
"(6)
"(7)
"(8)
"(9)
"(10)
"(A) the Junta Municipal de Agua y Saneamiento de Ciudad Juarez;
"(B) the El Paso Water Utilities Public Service Board; and
"(C) the Lower Rio Grande Water Users Organization.
"(11)
"(a)
"(b)
"(1) develop and implement an integrated scientific approach to identify and assess priority transboundary aquifers, including—
"(A) for purposes of subsection (c)(2), specifying priority transboundary aquifers for further analysis by assessing—
"(i) the proximity of a proposed priority transboundary aquifer to areas of high population density;
"(ii) the extent to which a proposed priority transboundary aquifer would be used;
"(iii) the susceptibility of a proposed priority transboundary aquifer to contamination; and
"(iv) any other relevant criteria;
"(B) evaluating all available data and publications as part of the development of study plans for each priority transboundary aquifer;
"(C) creating a new, or enhancing an existing, geographic information system database to characterize the spatial and temporal aspects of each priority transboundary aquifer; and
"(D) using field studies, including support for and expansion of ongoing monitoring and metering efforts, to develop—
"(i) the additional data necessary to adequately define aquifer characteristics; and
"(ii) scientifically sound groundwater flow models to assist with State and local water management and administration, including modeling of relevant groundwater and surface water interactions;
"(2) consider the expansion or modification of existing agreements, as appropriate, between the United States Geological Survey, the Participating States, the water resources research institutes, and appropriate authorities in the United States and Mexico, to—
"(A) conduct joint scientific investigations;
"(B) archive and share relevant data; and
"(C) carry out any other activities consistent with the program; and
"(3) produce scientific products for each priority transboundary aquifer that—
"(A) are capable of being broadly distributed; and
"(B) provide the scientific information needed by water managers and natural resource agencies on both sides of the United States-Mexico border to effectively accomplish the missions of the managers and agencies.
"(c)
"(1)
"(A) the Hueco Bolson and Mesilla aquifers underlying parts of Texas, New Mexico, and Mexico;
"(B) the Santa Cruz River Valley aquifers underlying Arizona and Sonora, Mexico; and
"(C) the San Pedro aquifers underlying Arizona and Sonora, Mexico.
"(2)
"(d)
"(e)
"(a)
"(1) the appropriate water resource agencies in the Participating States;
"(2) any affected Indian tribes;
"(3) any other appropriate entities that are conducting monitoring and metering activity with respect to a priority transboundary aquifer; and
"(4) the IBWC, as appropriate.
"(b)
"(c)
"(1)
"(2)
"(A) integrate existing data collection and analyses conducted with respect to the priority transboundary aquifer;
"(B) if applicable, improve and strengthen existing groundwater flow models developed for the priority transboundary aquifer; and
"(C) be consistent with appropriate State guidelines and goals.
"(a)
"(1) the jurisdiction or responsibility of a Participating State with respect to managing surface or groundwater resources in the Participating State;
"(2) the water rights of any person or entity using water from a transboundary aquifer; or
"(3) State water law, or an interstate compact or international treaty governing water.
"(b)
"Not later than 5 years after the date of enactment of this Act [Dec. 22, 2006], and on completion of the program in fiscal year 2016, the Secretary shall submit to the appropriate water resource agency in the Participating States, an interim and final report, respectively, that describes—
"(1) any activities carried out under the program;
"(2) any conclusions of the Secretary relating to the status of priority transboundary aquifers; and
"(3) the level of participation in the program of entities in Mexico.
"(a)
"(b)
"(c)
"The authority of the Secretary to carry out any provisions of this Act shall terminate 10 years after the date of enactment of this Act [Dec. 22, 2006]."
Provisions exempting watershed projects under the Watershed Protection and Flood Prevention Act, Aug. 4, 1954, ch. 656, 68 Stat. 666, which is classified generally to chapter 18 (§1001 et seq.) of Title 16, Conservation, from the requirements of Executive Orders 12113 and 12141, formerly set out below, were contained in the following appropriation acts:
Pub. L. 97–370, title VI, §619, Dec. 18, 1982, 96 Stat. 1811.
Pub. L. 97–103, title VI, §619, Dec. 23, 1981, 95 Stat. 1490.
Pub. L. 96–528, title VI, §622, Dec. 15, 1980, 94 Stat. 3118.
Ex. Ord. No. 12113, Jan. 4, 1979, 44 F.R. 1955, as amended by Ex. Ord. No. 12141, June 5, 1979, 44 F.R. 32635, which provided for independent review of Federal water resources programs and projects by the Water Resources Council, was revoked by section 4 of Ex. Ord. No. 12322, Sept. 17, 1981, 46 F.R. 46561, set out below.
Ex. Ord. No. 12322, Sept. 17, 1981, 46 F.R. 46561, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to ensure efficient and coordinated planning and review of water resources programs and projects, it is hereby ordered as follows:
(a) the policy and programs of the President;
(b) the Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies or other such planning guidelines for water and related land resources planning, as shall hereafter be issued; and
(c) other applicable laws, regulations, and requirements relevant to the planning process.
Ronald Reagan.
Ex. Ord. No. 13956, Oct. 13, 2020, 85 F.R. 65647, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Executive departments and agencies (agencies) that engage in water-related matters, including water storage and supply, water quality and restoration activities, water infrastructure, transportation on our rivers and inland waterways, and water forecasting, must work together where they have joint or overlapping responsibilities. This order will ensure that agencies do that more efficiently and effectively to improve our country's water resource management, modernize our water infrastructure, and prioritize the availability of clean, safe, and reliable water supplies.
(a) Improve coordination among agencies on water resource management and water infrastructure issues;
(b) Reduce unnecessary duplication across the Federal Government by coordinating and consolidating existing water-related task forces, working groups, and other formal cross-agency initiatives, as appropriate;
(c) Efficiently and effectively manage America's water resources and promote resilience of America's water-related infrastructure;
(d) Promote integrated planning among agencies for Federal investments in water-related infrastructure; and
(e) Support workforce development and efforts to recruit, train, and retain professionals to operate and maintain America's essential drinking water, wastewater, flood control, hydropower, and delivery and storage facilities.
(a) Actions to increase water storage, water supply reliability, and drought resiliency, including through:
(i) developing additional storage capacity, including an examination of operational changes and opportunities to update dam water control manuals for existing facilities during routine operations, maintenance, and safety assessments;
(ii) coordinating agency reviews when there are multi-agency permitting and other regulatory requirements;
(iii) increasing engagement with State, local, and tribal partners regarding the ongoing drought along the Colorado River and regarding irrigated agriculture in the Colorado Basin;
(iv) implementing the "Priority Actions Supporting Long-Term Drought Resilience" document issued on July 31, 2019, by the National Drought Resilience Partnership; and
(v) improving coordination among State, local, tribal, and territorial governments and rural communities, including farmers, ranchers, and landowners, to develop voluntary, market-based water and land management practices and programs that improve conservation efforts, economic viability, and water supply, sustainability, and security;
(b) Actions to improve water quality, source water protection, and nutrient management; to promote restoration activities; and to examine water quality challenges facing our Nation's minority and low-income communities, including through:
(i) implementing the "Great Lakes Restoration Initiative (GLRI) Action Plan III" issued on October 22, 2019, by the EPA for the GLRI Interagency Task Force and Regional Working Group, established pursuant to the Water Infrastructure Improvements for the Nation Act (Public Law 114–322);
(ii) enhancing coordination among the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force partners to support State implementation of nutrient reduction strategies;
(iii) increasing coordination between agencies and members of the South Florida Ecosystem Restoration Task Force, established pursuant to the Water Resources Development Act of 1996 (Public Law 104–303), and implementing and completing the activities included in the Comprehensive Everglades Restoration Plan, established pursuant to the Water Resources Development Act of 2000 (Public Law 106–541); and
(iv) continuing implementation of the EPA's memorandum entitled "Updating the Environmental Protection Agency's Water Quality Trading Policy to Promote Market-Based Mechanisms for Improving Water Quality" issued on February 6, 2019;
(c) Actions to improve water systems, including for drinking water, desalination, water reuse, wastewater, and flood control, including through:
(i) finalizing and implementing, as appropriate and consistent with applicable law, the proposed rule entitled "National Primary Drinking Water Regulations: Proposed Lead and Copper Rule Revisions," 84 Fed. Reg. 61684 (Nov. 13, 2019);
(ii) implementing the "National Water Reuse Action Plan" issued on February 27, 2020, by the EPA;
(iii) coordinating with the Federal Interagency Floodplain Management Task Force, established pursuant to the National Flood Insurance Act of 1968 ([title XIII of] Public Law 90–448 [42 U.S.C. 4001 et seq.]), on Federal flood risk management policies and programs to better support community needs; and
(iv) continuing coordination among agencies concerning the Department of Energy's Water Security Grand Challenge to advance transformational technology and innovation to provide safe, secure, and affordable water; and
(d) Actions to improve water data management, research, modeling, and forecasting, including through:
(i) aligning efforts and developing research plans among the Secretary of the Interior, the Secretary of Agriculture, the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of the Army, through the Assistant Secretary of the Army (Civil Works), to ensure that America remains a global leader for water-related science and technology capabilities;
(ii) implementing common methods of water forecasting, including the use of snow monitoring tools, on a national and basin scale, supported by weather forecasting on all scales;
(iii) developing state-of-the-art geospatial data tools, including maps, through Federal, State, tribal, and territorial partnerships to depict the scope of waters regulated under the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92–500); and
(iv) implementing actions identified in the "Federal Action Plan for Improving Forecasts of Water Availability" issued on October 18, 2019, by the Department of the Interior and the Department of Commerce pursuant to section 3 of the Presidential Memorandum of October 19, 2018 (Promoting the Reliable Supply and Delivery of Water in the West) [33 U.S.C. 2201 note].
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.