Sec. 25-76. Small flood control, tidal and hurricane protection and navigation projects; state cooperation with federal and municipal governments.
Sec. 25-76. Small flood control, tidal and hurricane protection and navigation
projects; state cooperation with federal and municipal governments. The Commissioner of Environmental Protection is authorized to negotiate, cooperate and enter into
agreements with the federal government and with any municipality through its flood
and erosion control board for the purpose of constructing small flood control systems
or tidal and hurricane protection and navigation projects including dams, dikes, flood
walls, reservoirs, river channel improvements and such other works as are necessary
to reduce or prevent damages due to floods, including projects constructed under the
provisions of Title 33, Chapter 15, Section 701s, of the United States Code, as amended.
The commissioner is authorized to use nonstructural measures of flood control, including but not limited to, acquisition of real property which the commissioner determines
is reasonably necessary for use in connection with such systems or projects, by purchase,
lease or gift or by condemnation in the manner provided by part I of chapter 835. The
commissioner is authorized to give assurances to the federal government that the state
will hold and save the United States free from damages due to the construction works
and that the state will pay cash contributions as may be required as a local contribution
for any flood control system or project undertaken by the federal government or by the
state, subject to reimbursement as provided in sections 25-71 and 25-72, except that,
for tidal and hurricane protection and navigation projects, such reimbursement shall be
not less than fifty per cent.
(1957, P.A. 669, S. 1; 1961, P.A. 592, S. 1; 1969, P.A. 14, S. 2; 1971, P.A. 872, S. 114; P.A. 80-356, S. 1.)
History: 1961 act authorized agreements for "tidal and hurricane and navigation projects"; 1969 act authorized water
resources commission "to give assurances to the federal government that the state will hold and save the United States
free from damages ... and that the state will pay cash contributions" rather than "to give assurances and provide for the
payment by the state of such amounts covered by the agreements" and replaced reimbursement, if any, "as the commission
may require" under Sec. 25-77 with reimbursement under Secs. 25-71 and 25-72 "except that, for tidal and hurricane
protection and navigation projects, such reimbursement shall be not less than fifty per cent"; 1971 act replaced water
resources commission with commissioner of environmental protection; P.A. 80-356 authorized commissioner's use of
"nonstructural measures of flood control", including real property acquired by purchase, lease, gift or condemnation.