[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: 33CFR203.52]

[Page 10-11]
 
                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. 203.52  Drought assistance.

    (a) Authority. The Chief of Engineers, acting for the Secretary of 
the Army, has the authority under certain statutory conditions to 
construct wells and to transport water to farmers, ranchers and 
political subdivisions within areas he determines to be drought-
distressed. This authority was added to Pub. L. 84-99 by Pub. L. 95-51.
    (b) General policy. (1) It is a non-Federal responsibility for 
providing an adequate supply of water to its inhabitants. Corps 
assistance to provide emergency water supplies will only be considered 
when non-Federal interests have exhausted reasonable means for securing 
necessary water supplies, including assistance and support from other 
Federal agencies.
    (2) Before Corps assistance is considered under Pub. L. 95-51, the 
applicability of other Federal assistance authorities should be 
evaluated. If these programs cannot provide the needed assistance, then 
maximum coordination should be made with appropriate agencies in 
implementing Corps assistance.
    (3) An analysis will be made of costs of the proposed work and of 
any reasonable alternatives.
    (c) Definitions--(1) Construction. This term includes initial 
construction, reconstruction or repair.
    (2) Drought-distressed area. An area which the Secretary of the Army 
determines, due to drought conditions, has an inadequate water supply 
which is causing, or is likely to cause, a substantial threat to the 
health and welfare of the inhabitants of the area including threat of 
damage or loss of property.
    (3) Eligible applicant. Any rancher, farmer or political subdivision 
within a designated drought-distressed area that is experiencing an 
inadequate supply of water due to drought.
    (4) Farmer or rancher. An individual who realizes at least \1/3\ of 
his/her gross annual income from agricultural sources and is recognized 
in the community as a farmer or rancher. A farming partnership or 
corporation engaged in farming or ranching which receives its majority 
income from such activity may be considered as an eligible applicant.
    (5) Political subdivision. A city, town, borough, county, parish, 
district, association, or other public body created by or pursuant to 
State law, having jurisdiction over the water supply of such public 
body.
    (6) Reasonable cost. In connection with the Corps construction of a 
well, means the lesser of:
    (i) The cost of the Chief of Engineers to construct a well in 
accordance with these regulations exclusive of;
    (A) The cost of transporting equipment used in the construction of 
wells,
    (B) The cost of investigation and report preparation to determine 
the suitability to construct a well, or
    (ii) The cost to a private business of constructing such a well.
    (7) State. Any State, the District of Columbia, the Commonwealth of 
Puerto Rico, the Virgin Islands, Guam, Northern Mariana Islands, 
American Samoa, and the Trust Territory of the Pacific Islands.
    (d) Guidance-construction of wells. (1) Assistance to an eligible 
applicant by the construction of a well may be provided on a cost-
reimbursable basis if:

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    (i) It is in response to a written request by a farmer, rancher or 
political subdivision for construction of a well under Pub. L. 95-51.
    (ii) The applicant is located within an area which has been 
determined by the Secretary of the Army to be drought-distressed.
    (iii) The Secretary of the Army has made a determination that:
    (A) The applicant, as a result of the drought, has an inadequate 
supply of water.
    (B) An adequate supply of water can be made available to the 
applicant through the construction of a well.
    (C) As a result of the drought, the well could not be constructed by 
a private business within a reasonable time.
    (iv) The applicant has secured the necessary funding for well 
construction from commercial or other sources, or has entered into a 
contract to pay to the United States the reasonable cost of such 
construction with interest over a period of years, not to exceed 30, as 
the Secretary of the Army deems appropriate.
    (v) The applicant has obtained all necessary Federal, State and 
local permits.
    (2) The financing of the cost of construction of a well by the Corps 
under this authority should be secured by the project applicant.
    (3) The project applicant will provide the necessary assurances of 
local cooperation prior to the start of Corps work under this authority.
    (4) Equipment owned by the United States will be utilized to the 
maximum extent possible in exercising the authority to drill wells. 
Federally-owned well drilling equipment can only be used when commercial 
firms cannot provide comparable service within the time needed to 
prevent the applicant from suffering increased hardships from the 
effects of an inadequate water supply. Use of equipment owned by non-
Federal interests would only be appropriate in the unusual circumstance 
when both of the above conditions can be met.
    (e) Guidance--transport of water. (1) Assistance to an applicant in 
the transportation of water may be provided only if:
    (i) It is in response to a written request by a farmer, rancher or 
political subdivision for transportation of water under Pub. L. 95-51.
    (ii) The applicant is located within an area which has been 
determined by the Secretary of the Army to be drought-distressed.
    (iii) The Secretary of the Army has made a determination that, as a 
result of the drought, the applicant has an inadequate supply of water 
for human and livestock consumption and water cannot be obtained by the 
applicant.
    (2) Transportation of water by vehicles, small diameter pipe line, 
or other means will be at 100 percent Federal cost.
    (3) Corps assistance in the transportation of emergency water 
supplies will be provided only in connection with water needed for human 
and livestock consumption. It will not be provided in connection with 
water needed for irrigation, recreation or other non-life supporting 
purposes.
    (4) Corps assistance will not include the purchase of water nor the 
cost of loading or discharging the water into or from Government 
conveyance.
    (5) Equipment owned by the United States will be utilized to the 
maximum extent possible in exercising the authority to transport water.
    (f) Request for assistance. Written request must be made to the 
district commander or division commander with Civil Works responsibility 
for the affected area. Upon receipt of a written request, the 
appropriate State and Federal agencies will be notified and coordination 
in accordance with Sec. 203.52(b) of this section will continue as 
appropriate throughout the assistance.