[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR203.51]

[Page 9-10]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 203--EMERGENCY EMPLOYMENT OF ARMY AND OTHER RESOURCES, NATURAL DISASTER PROCEDURES--Table of Contents
 
       Subpart E--Emergency Water Supplies and Drought Assistance
 
Sec. 203.51  Clean drinking water.


    (a) Authority. The Chief of Engineers is authorized to provide 
emergency supplies of clean drinking water to any locality which is 
confronted with a source of contaminated drinking water causing or 
likely to cause a substantial threat to the public health and welfare of 
the inhabitants of the locality.
    (b) Policies. (1) Any locality faced with a threat to public health 
and welfare from a contaminated source of drinking water is eligible for 
assistance.
    (2) Eligibility for assistance will be based on one or more of the 
following factors:
    (i) The maximum contaminant levels established under the Safe 
Drinking Water Act are exceeded.
    (ii) The water supply has been identified as a source of illness by 
a State or Federal public health official (the specific contaminant does 
not have to be identified).
    (3) The assistance will be directed toward provision of drinking 
only water. The quantity of water and the means of distribution will be 
at the discretion of the responsible Corps official, who will consider 
both the needs of the individual situation and the cost effectiveness of 
providing various quantities of water.
    (4) If a locality has multiple sources of water, assistance will be 
furnished only to the extent that the remaining sources, plus reasonable 
conservation measures, cannot provide adequate drinking water.
    (5) Loss of water supply is not a basis for assistance under this 
authority.
    (6) Water will not be furnished for commercial processes, except as 
incidental to the use of existing distribution systems. This does not 
prohibit the furnishing of water for drinking by employees and on-site 
customers. Also, water for preparing retail meals and similar personal 
needs may be provided to the extent it would be furnished to 
individuals.
    (7) The permanent restoration of safe drinking water supplies is the 
responsibility of local interests.

[[Page 10]]

    (8) Corps assistance is limited to 30 days. Extension of this period 
requires a formal agreement between the State and the Corps, covering 
specified services and providing a firm schedule for local interests to 
provide normal supplies.
    (9) State and local governments must make full use of their own 
resources, including National Guard capabilities.
    (10) Requests for assistance must be signed by the Governor of the 
State. For Indian tribal lands, the Bureau of Indian Affairs will 
normally request assistance.
    (c) Non-Federal responsibilities. Non-Federal interests are 
responsible for restoration of the routine supply of clean drinking 
water, including correcting any situations which cause contamination. If 
assistance is furnished, local interests must furnish the basic 
requirements of local cooperation. In all cases reasonable water 
conservation measures must be implemented. Local interest may be 
required to operate and maintain temporary supply equipment and to 
remove and return it to Federal interest after the problem is corrected.