this is an outdated text: switch to the updated & improved dc code website
home, about

The DC Code: § 34-2411.01 Delivery of water--Falls Church, Virginia, and adjacent areas; installation expenses; payments; revocation of permit.

Index34 Public Utilities. (Refs & Annos)

The Secretary of the Army, on the recommendation of the Chief of Engineers, United States Army, and the Mayor of the District of Columbia, is hereby authorized in his discretion, upon request of the City Council of the City of Falls Church, Fairfax County, Virginia, or any other competent state or local authority in the Washington metropolitan area in Virginia, to permit the delivery of water from the District of Columbia water system at the Dalecarlia Filtration Plant, or at other points on said water system to the Falls Church water system for the purpose of supplying water for the use of said City and such adjacent areas as are now or shall hereafter be served by the water system of said City; or to any other competent state or local authority in said metropolitan area in Virginia. The Secretary of the Army is hereby further authorized, in his discretion and upon the recommendation of the Chief of Engineers, and said Mayor, to permit the delivery of such water through the water mains of Arlington County by a connection to Arlington mains at the southerly end of Chain Bridge, or to make connections with the Arlington County water system at 1 or more points along the boundary line of Arlington County; provided, that all expense of installing any such connection or connections or other appurtenances and any subsequent changes therein shall be borne by said City of Falls Church, or such other communities of said metropolitan area requesting such services; provided further, that all payments for water taken directly from the mains of the water supply system of the District of Columbia at the Dalecarlia Filtration Plant, or from other points on said water system, shall be made at such time and in such manner as the Secretary of the Army and said Mayor may prescribe; all such payments to be deposited in the Treasury of the United States as other water rents now collected in the District of Columbia are now deposited, but for water as may be supplied through the water mains of Arlington County, as hereinabove authorized, such payments shall be made by said Arlington County in the same manner as payments for water supplied for the use of said Arlington County; provided further, that payment for water delivered to communities in said metropolitan area from or through the water mains of Arlington County shall be made to said County as may be mutually arranged on an equitable basis and as approved by the Secretary of the Army and said Mayor; and provided further, that the Secretary of the Army, directly or upon the request of the Mayor, may revoke at any time any permit for the use of said water that may have been granted.

Historical and Statutory

Prior Codifications 1981 Ed., § 43-1541. 1973 Ed., § 43-1531a. References in Text The title of Secretary of War was changed to Secretary of the Army by § 205(a) of the Act of July 26, 1947, 61 Stat. 501, ch. 343. Section 205(a) of the Act of July 26, 1947, was repealed by § 53 of the Act of August 10, 1956, 70A Stat. 641, ch. 1041. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. Miscellaneous Notes Restriction on use of funds: Section 136 of Pub. L. 102-382, 106 Stat. 1435, the District of Columbia Appropriations Act, 1993, provided that none of the funds made available in this Act may be used by the District of Columbia to impose, implement, collect, administer, transfer, or enforce a payment in lieu of taxes on the Water and Sewer Utility Administration that would increase payments required of suburban jurisdictions in Maryland or Virginia under the Blue Plains Intermunicipal Agreement of 1985. DC CODE § 34-2411.01 Current through December 11, 2012

Credits

(June 26, 1947, 61 Stat. 181, ch. 149, § 1.)