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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 33 U.S.C. § 2333 Irrigation diversion protection and fisheries enhancement assistance us united_states_code code_section 33 NAVIGATION AND NAVIGABLE WATERS 36 WATER RESOURCES DEVELOPMENT 2333 33 U.S.C. § 2333 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip /us/usc/t33/s2333 data/legal/raw/us/code/title-33/usc33.xml e424bfbd11e8d94b85ab473a0924a28fd46bd9cf643f5a323d34f7f0ff3b1c16 de3d130b31eae77f8c0fc593f61b7287899297718d678d500eea123559828523 5bb9a4d9a292677c59b9c51599e314fd6a5548b72a6386a1f61c6e4688b62f14 2026-07-04 official
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33 U.S.C. § 2333 - Irrigation diversion protection and fisheries enhancement assistance

Text

(a) In general The Secretary may provide technical planning and design assistance to non-Federal interests and may conduct other site-specific studies to formulate and evaluate fish screens, fish passages devices, and other measures to decrease the incidence of juvenile and adult fish inadvertently entering irrigation systems.

(b) Cooperation Measures under subsection (a)—

(1) shall be developed in cooperation with Federal and State resource agencies; and

(2) shall not impair the continued withdrawal of water for irrigation purposes.

(c) Priority In providing assistance under subsection (a), the Secretary shall give priority based on—

(1) the objectives of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(2) cost-effectiveness; and

(3) the potential for reducing fish mortality.

(d) Non-Federal share (1) In general The non-Federal share of the cost of measures under subsection (a) shall be 50 percent.

(2) In-kind contributions Not more than 50 percent of the non-Federal contribution may be made through the provision of services, materials, supplies, or other in-kind contributions.

(e) No construction activity This section does not authorize any construction activity.

(f) Report Not later than 2 years after August 17, 1999, the Secretary shall submit to Congress a report on—

(1) fish mortality caused by irrigation water intake devices;

(2) appropriate measures to reduce fish mortality;

(3) the extent to which those measures are currently being employed in arid States;

(4) the construction costs associated with those measures; and

(5) the appropriate Federal role, if any, to encourage the use of those measures.

(Pub. L. 10653, title V, § 515, Aug. 17, 1999, 113 Stat. 344.)

Notes

Editorial Notes

References in TextThe Endangered Species Act of 1973, referred to in subsec. (c)(1), is Pub. L. 93205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables.

Codification Section was enacted as part of the Water Resources Development Act of 1999, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 10653, set out as a note under section 2201 of this title.