A New Project

High Voltage

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Oct 29, 2023
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Here's the scenario: The Army Corps of Engineers are tasked with building a series of waterways / canals to shuttle rainwater from the Parts of the U.S. that get tons of rain, to the parts that get next to none. An environmental project of epic magnitude, to be sure. How hard would it be to do this from the permitting perspective?
 
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United States
I'll take a guess on this one. I'd say they have special powers that make it easier, sort of like the government does with taking land by eminent domain.
 
I'm stumped! It's a good question. The Army Corp of Engineers usually has jurisdiction over permits issued under the Clean Water Act; but, can they issue a permit to themselves? That I don't know. Hopefully someone comes along with the answer because now I'm curious.
 
I'm stumped! It's a good question. The Army Corp of Engineers usually has jurisdiction over permits issued under the Clean Water Act; but, can they issue a permit to themselves? That I don't know. Hopefully someone comes along with the answer because now I'm curious.

If the epic water redistribution plan @High Voltage asked about were to become reality, and it were being planned by Corps Civil Works, then no Corps permit would be needed. The Corps regulates work in waters of the U.S. under the Clean Water Act and Rivers and Harbors Act, but doesn't have to issue permits to itself. However, the Corps would still face vast regulatory constraints in terms of other federal requirements (e.g., Endangered Species Act) and a slew of other state/local requirements, depending exactly where the waterways/canals were being constructed.
 
Yep, I knew someone had to know the answer. This is such a great forum for getting information. I've learned a ton since joining here, even though I've already been in the business for years. I guess there's always something new to learn since the laws are always changing. Eric, thanks for setting the record straight and for providing such a detailed answer.
 
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