[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR208.33]

[Page 135-136]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 
                                 DEFENSE
 
PART 208_FLOOD CONTROL REGULATIONS--Table of Contents
 
Sec.  208.33  Cheney Dam and Reservoir, North Fork of Ninnescah River, Kans.

    The Bureau of Reclamation, or its designated agent, shall operate 
the Cheney Dam and Reservoir in the interest of flood control as 
follows:
    (a) Flood control storage in the reservoir is the capacity between 
elevation 1421.6 (top of the conservation pool) and elevation 1429.0 
(top of the flood control pool), and initially amounts to 80,860 acre-
feet. Whenever the reservoir level is within this range the flood 
control discharge facilities shall be operated under the direction of 
the District Engineer, Corps of Engineers, Department of the Army, in

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charge of the locality, so as to reduce as much as practicable the flood 
damage below the reservoir. All flood control releases shall be made in 
amounts which, when combined with local inflow below the dam, will not 
produce flows in excess of bankfull on the North Fork of Ninnescah and 
Ninnescah River downstream of the reservoir and on the Arkansas River to 
Arkansas City, Kans. In order to accomplish this, flows shall not exceed 
a 90-foot stage (2,500 c.f.s.) on the U.S.G.S. gage on North Fork of 
Ninnescah River near Cheney, Kans., river mile 8.8; a 12-foot stage 
(7,000 c.f.s.) on the U.S.G.S. gage on Ninnescah River near Peck, Kans., 
river mile 31.6; and a 16-foot stage (18,000 c.f.s.) on the U.S.W.B. 
gage on Arkansas River at Arkansas City, Kans., river mile 701.4.
    (b) When the reservoir level exceeds elevation 1429.0 (top of flood 
control pool), releases shall be made at the maximum rate possible 
through the river outlet works and the uncontrolled spillway and 
continued until the pool recedes to elevation 1429.0 when releases shall 
be made to equal inflow or the maximum release permissible under 
paragraph (a) of this section, whichever is greater.
    (c) The representative of the Bureau of Reclamation or its 
designated agent in immediate charge of operation of the Cheney Dam 
shall furnish daily to the District Engineer, Corps of Engineers, 
Department of the Army, in charge of the locality, a report, on forms 
provided by the District Engineer for this purpose, showing the pool 
elevation; the number of river outlet works gates in operation with 
their respective openings and releases; uncontrolled spillway release; 
municipal pumping rate; storage; tailwater elevation; reservoir inflow; 
available evaporation data; and precipitation in inches. Normally, a 
reading at 8 a.m., noon, 4 p.m., and midnight, shall be shown for each 
day. Whenever the reservoir pool rises to elevation 1421.6 and releases 
for flood regulation are necessary or appear imminent, the 
representative of the Bureau of Reclamation or its designated agent, 
shall report at once to the District Engineer by telephone or telegraph, 
and, unless otherwise instructed, shall report once daily thereafter in 
that manner until the reservoir pool recedes to elevation 1421.6. These 
latter reports shall reach the District Engineer by 9 a.m. each day.
    (d) The regulations of this section, insofar as they govern use of 
flood control storage capacity above elevation 1421.6, are subject to 
temporary modification in time of flood by the District Engineer if 
found desirable on the basis of conditions at the time. Such desired 
modifications shall be communicated to the representative of the Bureau 
of Reclamation and its designated agent in immediate charge of 
operations of the Cheney Dam by any available means of communication, 
and shall be confirmed in writing under date of the same day to the 
Regional Director in charge of the locality, and his designated agent, 
with a copy to the representative in charge of the Cheney Dam.
    (e) Flood control operation shall not restrict pumping necessary for 
municipal and industrial uses and releases necessary for downstream 
users.
    (f) Releases made in accordance with the regulations of this section 
are subject to the condition that releases shall not be made at rates or 
in a manner that would be inconsistent with emergency requirements for 
protecting the dam and reservoir from major damage or inconsistent with 
the safe routing of the inflow design flood (spillway design flood).
    (g) The discharge characteristics of the river outlet works (capable 
of discharging approximately 3,590 c.f.s. with the reservoir level at 
elevation 1421.6) shall be maintained in accordance with the 
construction plans (Bureau of Reclamation Specifications No. DC-5744 as 
modified by revised drawings and criteria in Designers' Operating 
Criteria, Cheney Dam, dated November 1964).
    (h) All elevations stated in this section are at Cheney Dam and are 
referred to the datum in use at that location.

[31 FR 7751, June 1, 1966]

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