33 USC § 2333 - Irrigation diversion protection and fisheries enhancement assistance

---
identifier: "/us/usc/t33/s2333"
source: "usc"
legal_status: "official_prima_facie"
title: "33 USC § 2333 - Irrigation diversion protection and fisheries enhancement assistance"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
section_number: "2333"
section_name: "Irrigation diversion protection and fisheries enhancement assistance"
chapter_number: 36
chapter_name: "WATER RESOURCES DEVELOPMENT"
subchapter_number: "V"
subchapter_name: "GENERAL PROVISIONS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 106–53, title V, § 515, Aug. 17, 1999, 113 Stat. 344.)"
---


# § 2333. Irrigation diversion protection and fisheries enhancement assistance

**(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.

---

**Source Credit**: (Pub. L. 106–53, title V, § 515, Aug. 17, 1999, 113 Stat. 344.)

## Editorial Notes

### References in Text

The Endangered Species Act of 1973, referred to in subsec. (c)(1), is , , , 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  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 , set out as a note under .