The Mayor of the District of Columbia shall have the power to lay water mains and water pipes and to erect fireplugs and hydrants wherever the same may be in his judgment necessary for the public safety, comfort, or health.
(R.S., D.C., § 204; June 17, 1890, 26 Stat. 159, ch. 428.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1501.
1973 Ed., § 43-1501.
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.
The operations of the Water Department of the District of Columbia shall be under the direction of the Engineer's Office of the District, subject to the control of the Mayor of the District of Columbia.
(July 1, 1882, 22 Stat. 143, ch. 263, § 2.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1502.
1973 Ed., § 43-1502.
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.
Transfer of Functions
Reorganization Order No. 28 of the Board of Commissioners, dated April 3, 1953, now redesignated Organization Order No. 147, dated August 19, 1965, established a Department of Sanitary Engineering headed by a Director. The Department performed sanitary engineering services and operations for the District including water distribution, sanitary, storm, and combined sewer systems, sewage treatment, and collection and disposal of waste materiaL. The Office of the Water Registrar and the previously existing Department of Sanitary Engineering (which included the Sewer Division, Water Division, Sanitation Division, and the Sewage Treatment Plant) were abolished and their functions transferred to this Department. The Orders were issued pursuant to Reorganization Plan No. 5 of 1952. Functions of the Department of Sanitary Engineering as set forth in Organization Order No. 147, as amended, were transferred to the Department of Environmental Services by Commissioner's Order No. 71-255, dated July 27, 1971.
Full power is given to the Mayor of the District of Columbia to supply the inhabitants of the District with the Potomac water from the aqueduct mains or pipes laid in the streets and avenues by the United States; and to the Council of the District of Columbia to make all laws and regulations for the proper distribution of the same, subject to the provisions of this chapter, and to the control of the Chief of Engineers, as provided in § 51 of Title 40, United States Code. The supply of Potomac water may be extended to points in the District beyond the limits of Washington upon like terms and conditions as are provided by law for the supply of the same in that city.
(R.S., D.C., § 195; June 20, 1874, 18 Stat. 116, ch. 337, § 2; June 11, 1878, 20 Stat. 103, ch. 180, § 3; June 10, 1879, 21 Stat. 9, ch. 16; Feb. 25, 1885, 23 Stat. 319, ch. 145; Feb. 11, 1895, 28 Stat. 650, ch. 79.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1503.
1973 Ed., § 43-1503.
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 402(323) 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 the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. 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.
The fiscal year of the Water Department of the District of Columbia shall conform to the regular fiscal year of the general government; the rates shall be levied and collected at least once every 12 months, or whenever practicable in the judgment of the Council of the District of Columbia, at least once every 6 months.
(July 1, 1882, 22 Stat. 144, ch. 263, § 2; May 18, 1954, 68 Stat. 103, ch. 218, § 107.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1504.
1973 Ed., § 43-1504.
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 402(323) 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 the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. 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.
Transfer of Functions
Reorganization Order No. 28 of the Board of Commissioners, dated April 3, 1953, now redesignated Organization Order No. 147, dated August 19, 1965, established a Department of Sanitary Engineering headed by a Director. The Department performed sanitary engineering services and operations for the District including water distribution, sanitary, storm, and combined sewer systems, sewage treatment, and collection and disposal of waste materiaL. The Office of the Water Registrar and the previously existing Department of Sanitary Engineering (which included the Sewer Division, Water Division, Sanitation Division, and the Sewage Treatment Plant) were abolished and their functions transferred to this Department. The Orders were issued pursuant to Reorganization Plan No. 5 of 1952. Functions of the Department of Sanitary Engineering as set forth in Organization Order No. 147, as amended, were transferred to the Department of Environmental Services by Commissioner's Order. No. 71-255, dated July 27, 1971.
All rates for water and water service hereby established shall be payable at least once semiannually. When the computation of the amount of any bill for any of such services results in a fraction of one-half cent or more, the next highest amount not containing a fraction shall be charged.
(Oct. 21, 1975, D.C. Law 1-23, title VII, § 701(c), 22 DCR 2115.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1505.
1973 Ed., § 43-1504a.
Legislative History of Laws
Law 1-23 was introduced in Council and assigned Bill No. 1-47, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first, amended first, and second readings, and reconsideration of second reading, on April 15, 1975, June 1, 1975, June 24, 1975 and July 11, 1975, respectively. Signed by the Mayor on July 23, 1975, it was assigned Act No. 1- 34 and transmitted to both Houses of Congress for its review.
(a) Any person who desires a statement of the account of any water and sanitary sewer service charge to the date of the acquisition of any real property shall make a written request to the Department of Public Works ("Department") on or before the date of the acquisition, except that the Mayor may enforce payment of water and sewer service charges by shutting off the water supply or refusing to restore the water supply without regard to a change of ownership or occupancy of any real property. The Department shall issue a statement of the account within 30 days after receipt of the request for a statement of the account.
(b) The Mayor, with prior written notice to the owner of the date and time of entry, and consistent with constitutional guidelines, may enter any building, establishment, or other premises furnished water or sanitary sewer service. If the Mayor is unable to gain entry to the real property after 2 attempts, the Mayor shall notify the owner or occupant to contact the Department within 3 business days after notice is mailed to the owner. If the owner or occupant fails to contact the Department, it shall be presumed that the owner or occupant refuses to permit entry to the property and the Mayor may impose a penalty of $100 and shut off the water supply to the real property. Upon the payment of the penalty or issuance of a final decision where the owner files a request for administrative review, the Mayor shall restore the water supply.
(Oct. 21, 1975, D.C. Law 1-23, title VII, § 703, 22 DCR 2116; June 13, 1990, D.C. Law 8-136, § 3, 37 DCR 2620.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1506.
1973 Ed., § 43-1504b.
Legislative History of Laws
For legislative history of D.C. Law 1-23, see Historical and Statutory Notes following § 34-2401.05.
For legislative history of D.C. Law 8-136, see Historical and Statutory Notes following § 34-2301.
Water main taxes and water rents shall be uniform in said District.
(June 10, 1879, 21 Stat. 9, ch. 16.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1507.
1973 Ed., § 43-1505.
The Department of Environmental Services shall perform such duties connected with the Water Department of the District as may be proper and necessary, under the direction of the Mayor of the District of Columbia. He shall give bonds for the faithful performance of his duty in the sum of $10,000.
(Leg. Assem., Aug. 23, 1871, ch. 108, § 16; June 20, 1874, 18 Stat. 116, ch. 337, § 2; June 11, 1878, 20 Stat. 103, ch. 180, § 3.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1508.
1973 Ed., § 43-1506.
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.
Transfer of Functions
Office of Water Registrar abolished: Reorganization Order No. 28 of the Board of Commissioners, dated April 3, 1953, now redesignated Organization Order No. 147, dated August 19, 1965, established a Department of Sanitary Engineering headed by a Director. The Department performed sanitary engineering services and operations for the District including water distribution, sanitary, storm, and combined sewer systems, sewage treatment, and collection and disposal of waste materiaL. The Office of the Water Registrar and the previously existing Department of Sanitary Engineering (which included the Sewer Division, Water Division, Sanitation Division, and the Sewage Treatment Plant) were abolished and their functions transferred to this Department. The Orders were issued pursuant to Reorganization Plan No. 5 of 1952. Functions of the Department of Sanitary Engineering as set forth in Organization Order No. 147, as amended, were transferred to the Department of Environmental Services by Commissioner's Order No. 71-255, dated July 27, 1971.
The functions of the Department of Environmental Services were transferred to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984.
In all cases where a water main has heretofore been or may hereafter be laid in a public street or way, and in order to secure the laying of such main the cost or a part thereof has been paid to the District of Columbia prior to the laying of said main by any person or corporation, there shall be repaid from time to time to such person or corporation, out of the collections from the assessment for such main, all of the amounts so paid over and above the assessment chargeable against the land owned or controlled by said person or corporation.
(June 2, 1900, 31 Stat. 252, ch. 612, § 2.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1520.
1973 Ed., § 43-1518.
The Mayor of the District of Columbia is hereby authorized to cause all water rents erroneously paid after March 3, 1905, in the District of Columbia to be refunded in the manner prescribed by law for the refunding of erroneously paid taxes; provided, that application for refund shall be made within 2 years after such erroneous payment. And after March 3, 1905, the said Mayor is authorized to cause to be refunded in the same manner and subject to the same limitations all money paid for water for any special purpose where the project is abandoned and the water not used, and for tapping water mains and for furnishing stopcock where the service is not rendered and the material is not furnished; and all money refunded under this section shall be paid from and charged to the water fund.
(Mar. 3, 1905, 33 Stat. 912, ch. 1406.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1521.
1973 Ed., § 43-1519.
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.
The Mayor of the District of Columbia has authority to provide for the collection of water rates, in advance or otherwise, from the owner or occupants of all buildings or establishments using the water; and to provide for stopping the supply of water to any dwelling or establishment upon a failure to pay the rate, and to carry into full effect the provisions of this chapter.
(R.S., D.C., § 197; June 20, 1874, 18 Stat. 116, ch. 337, § 2; June 11, 1878, 20 Stat. 103, ch. 180, § 3.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1526.
1973 Ed., § 43-1521.
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.
The water rates levied in the District of Columbia shall never be a source of revenue other than as a means of keeping up to said District a supply of water but shall constitute a fund exclusively for the maintenance, management, and repair of the system of water distribution.
(R.S., D.C., § 198; July 12, 1876, 19 Stat. 87, ch. 180, § 18; Feb. 25, 1885, 23 Stat. 319, ch. 145.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1531.
1973 Ed., § 43-1522.
(R.S., D.C., § 203; Jan. 22, 1976, D.C. Law 1-42, § 3(d), 22 DCR 6313; July 23, 1992, D.C. Law 9-134, § 112(g), 39 DCR 4066; Sept. 10, 1992, D.C. Law 9-145, § 113(d), 39 DCR 4895; Sept. 10, 1992, D.C. Law 9-145, § 113(d), 39 DCR 4895.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1532.
1973 Ed., § 43-1523.
Legislative History of Laws
For legislative history of D.C. Law 9-134, see Historical and Statutory Notes following § 34-2413.08.
For legislative history of D.C. Law 9-145, see Historical and Statutory Notes following § 34-2413.08.
All water rents derived from the Washington Aqueduct shall be paid into the General Fund of the District of Columbia as established by the Revenue Funds Availability Act of 1975.
(R.S., D.C., § 217; Jan. 22, 1976, D.C. Law 1-42, § 3(e), 22 DCR 6313.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1533.
1973 Ed., § 43-1524.
Legislative History of Laws
For legislative history of D.C. Law 1-42, see Historical and Statutory Notes following § 34-2401.13.
Except as provided in §§ 34-2401.16 and 34-2401.17 no portion of the water conveyed or to be conveyed through or by means of the Washington Aqueduct, or any appurtenance thereof, shall be diverted to the supply or use of any building, premises or establishment located outside of the limits of the District of Columbia.
(Mar. 3, 1893, 27 Stat. 544, ch. 199.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1538.
1973 Ed., § 43-1529.
For the protection of the health of the residents of the District of Columbia and the employees of the United States government residing in Maryland near the District of Columbia boundary, the Mayor of the District of Columbia, upon the request of the Washington Suburban Sanitary Commission, a body corporate, established by Chapter 313 of the Acts of 1916 of the State of Maryland, or upon the request of its legally appointed successor, is authorized to deliver water from the water supply system of the District of Columbia to said Washington Suburban Sanitary Commission or its successor for distribution to territory in Maryland within the Washington Suburban Sanitary District as designated in the aforesaid act, or any amendment thereto, and to connect District of Columbia water mains with water mains in the state of Maryland at such points at or near the District of Columbia line as may be agreed upon from time to time by the Mayor of the District of Columbia and the Washington Suburban Sanitary Commission, under the conditions hereinafter named, namely:
(1) That before such connections shall be made the said Washington Suburban Sanitary Commission or its legally appointed successor shall secure authority from the legislature of the State of Maryland to enter into an agreement with the said Mayor of the District of Columbia outlining the conditions under which the service is to be rendered.
(2) The agreement between the Mayor of the District of Columbia and the said Washington Suburban Sanitary Commission or its legally appointed successor shall provide, among other things:
(A) That the meters on each of said connections shall be located within the District of Columbia and shall remain under the jurisdiction of the Mayor of the District of Columbia;
(B) The rates at which water will be furnished, said rates to be based on the actual cost to the United States and the District of Columbia of delivering water to the points designated above, including an interest charge at 4% per annum and the cost of any payment required by § 113 of the Omnibus Budget Support Act of 1992 and a suitable allowance for depreciation;
(C) That payments for water so furnished shall be made through the Collector of Taxes of the District of Columbia at such times as the Mayor of the District of Columbia may direct, said payments to be deposited in the Treasury of the United States as other water rents collected in the District of Columbia are deposited;
(D) That at no time shall the amount of water furnished the said Washington Suburban Sanitary Commission or its successor exceed the amount that can be spared without jeopardizing the interests of the United States or of the District of Columbia;
(E) That the Mayor of the District of Columbia shall have at all times the right to investigate the distribution system in Maryland, and if, in his opinion, there is a wastage of water he shall have the right to curtail the supply to said sanitary district to the amount of such wastage.
(Mar. 3, 1917, 39 Stat. 1043, ch. 160; June 30, 1930, 46 Stat. 838, ch. 764; Apr. 14, 1932, 47 Stat. 79, ch. 100; July 23, 1992, D.C. Law 9-134, § 112(f), 39 DCR 4066; Sept. 10, 1992, D.C. Law 9-145, § 113(c), 39 DCR 4895.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1539.
1973 Ed., § 43-1530.
Legislative History of Laws
For legislative history of D.C. Law 9-134, see Historical and Statutory Notes following § 34-2413.08.
For legislative history of D.C. Law 9-145, see Historical and Statutory Notes following § 34-2413.08.
References in Text
The "Omnibus Budget Support Act of 1992," referred to in (2)(B), is D.C. Law 9- 145.
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, § 1-2.9711), 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.
Office of Collector of Taxes abolished: The Office of the Collector of Taxes was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. All functions of the Office of the Collector of Taxes including the functions of all officers, employees and subordinate agencies were transferred to the Director, Department of General Administration by Reorganization Order No. 3, dated August 28, 1952. Reorganization Order No. 20, dated November 10, 1952, transferred the functions of the Collector of Taxes to the Finance Office. The same Order provided for the Office of the Collector of Taxes headed by a Collector in the Finance Office, and abolished the previously existing Office of the Collector of Taxes. Reorganization Order No. 20 was superseded and replaced by Organization Order No. 121, dated December 12, 1957, which provided that the Finance Office (consisting of the Office of the Finance Officer, Property Tax Division, Revenue Division, Treasury Division, Accounting Division, and Data Processing Division) would continue under the direction and control of the Director of General Administration, and that the Treasury Division would perform the function of collecting revenues of the District of Columbia and depositing the same with the Treasurer of the United States. Organization Order No. 121 was revoked by Organization Order No. 3, dated December 13, 1967, Part IVC of which prescribed the functions of the Finance Office within a newly established Department of General Administration. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Functions of the Finance Office as stated in Part IVC of Organization Order No. 3 were transferred to the Director of the Department of Finance and Revenue by Commissioner's Order No. 69-96, dated March 7, 1969.
The Secretary of the Army is hereby authorized, in his discretion and subject to the approval of the Chief of Engineers, upon the request of the board of supervisors of Arlington County, Virginia, to permit the delivery of water from the federal water supply pumping station at the Dalecarlia Reservoir to the Arlington County sanitary district, created by an act of the General Assembly of the State of Virginia, of March 15, 1922, and to connect the force main of said pumping station with the water main in Arlington County at the southerly end of the Chain Bridge; provided, that all expenses of installing said connection and its appurtenances and any subsequent changes therein shall be borne by said Arlington County, which shall pay such charges for the use of such water as may be determined from time to time in advance by the Secretary of the Army, the payments to be made at such time and under such regulations as the Secretary of the Army may prescribe, all payments for the use of water to be deposited in the Treasury of the United States as other water rents collected in the District of Columbia are deposited; and provided further, that the Secretary of the Army may revoke at any time any permit for the use of said water that may have been granted.
(Apr. 14, 1926, 44 Stat. 251, ch. 140, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1540.
1973 Ed., § 43-1531.
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.
As used in § 34-2401.17, unless the context otherwise requires:
(1) "Mayor" means the Mayor of the District of Columbia.
(2) "District of Columbia water system" or "water system" means any and all of the facilities used or to be used for the supply of raw or partly purified water wherever situated and all of the facilities used or to be used for the distribution of purified water situated within the District of Columbia which are operated by the Department of Environmental Services or the Washington Aqueduct Division of the Washington District of the Corps of Engineers, Department of the Army, or both.
(June 2, 1950, 64 Stat. 195, ch. 218, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1551.
1973 Ed., § 43-1539.
References in Text
Section 43-1540, referred to in the introductory language of this section, was repealed by the Act of December 24, 1974, 87 Stat. 832, Pub. L. 93-198, § 243(b).
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.
Transfer of Functions
The functions of the Department of Environmental Services were transferred to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984.
The Secretary of the Army is hereby authorized to acquire by purchase or condemnation all necessary lands, easements, and rights-of-way for pipelines within the District of Columbia to connect the force main of said pumping station with the water main in Arlington County as herein authorized.
(Apr. 14, 1926, 44 Stat. 252, ch. 140, § 2.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1544.
1973 Ed., § 43-1532.
The unlawful tapping of any water pipe laid down in the District by authority of the United States is a misdemeanor and an indictable offense; and any person convicted of such offense in the criminal court of the District shall be subject to a fine not exceeding $500, or to imprisonment for a term not exceeding 1 year.
(R.S., D.C., § 218.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1546.
1973 Ed., § 43-1534.
It is the special duty of the Chief of Engineers to bring to the notice of the United States Attorney for the District of Columbia, or to the grand jury, any infraction of § 34-2401.20.
(R.S., D.C., § 219.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1547.
1973 Ed., § 43-1535.
Every person who maliciously breaks, injures, defaces, or destroys any main or pipe, bend, branch, valve, hydrant, service pipe, or any other fixture used for the distribution of water throughout the streets and avenues, or for its introduction into the houses, tenements, or buildings of the District of Columbia, shall be punishable by imprisonment in the District jail for not more than 2 years.
(R.S., D.C., § 220; Feb. 25, 1885, 23 Stat. 319, ch. 145.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1548.
1973 Ed., § 43-1536.
No greater number of main pipes of the Washington Aqueduct shall be laid at the expense of the United States than are sufficient to furnish the public buildings, offices, and grounds with the necessary supply of water. The cost of any main pipe, for the supply of water to the inhabitants of Washington, must be paid by the District of Columbia, in the manner provided by law.
(R.S., U.S., § 1805; Feb. 11, 1895, 28 Stat. 650, ch. 79.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1549.
1973 Ed., § 43-1537.
No person, unless by consent of the Chief of Engineers, shall tap or open the mains or pipes laid or hereafter to be laid by the United States, under a penalty of not less than $50 nor more than $500.
(R.S., U.S., § 1803; Feb. 26, 1925, 43 Stat. 983, ch. 339, § 3.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1550.
1973 Ed., § 43-1538.
(a) All water and water services furnished from the District water supply system through any connection thereto for direct use by the government of the United States or any department, independent establishment, or agency thereof, situated in the District, except water and water services furnished to the United States for the maintenance, operation, and extension of the water system, shall be paid for at the rates for the furnishing and readiness to furnish water applicable to other water consumers in the District. All water and water services furnished from the District water supply system through any connection thereto for direct use by the government of the United States or any department, independent establishment, or agency thereof, situated outside the District in the States of Maryland or Virginia, except water and water services furnished to the United States for the maintenance, operation, and extension of the water system, shall be paid for at rates comparable to those which may be in effect and charged to state, municipal, or county agencies or other political authorities or jurisdictions within the respective states wherein said federal facilities may be situated for similar water service from the District water supply system; provided, that conditions as to water pressure, quantity, rates of demand, and points of connection available or permissible at any time for service outside the District, if any, shall be fixed by the Mayor of the District of Columbia so as to fully protect the prior interests of water consumers within the District; provided further, that as a condition of service, at each point of federal connection to the water system of the District for service outside the District there shall be installed and maintained at the expense of the department, independent establishment, or agency of the United States which is to use water therefrom a suitable meter or meters and incidental vaults, valves, piping and recording devices, and such other equipment as the Mayor in his discretion deems necessary to control and record the use of water through each such connection. As an additional condition of service, the department, agency, or establishment which is responsible for the maintenance of any such meter shall provide the Mayor (acting through the District of Columbia Water and Sewer Authority) with such access to the meter as the Mayor may require to measure the actual usage of the department, agency, or establishment (including any entity under the jurisdiction of the department, agency, or establishment) for purposes of making the adjustments to annual estimates required under § 34- 2401.25a(1). Payment shall be made as provided in subsection (b) of this section.
(b)(1) Beginning in the second quarter of fiscal year 1990, the government of the District of Columbia shall receive payment for water services from funds appropriated or otherwise available to the Federal departments, independent establishments, or agencies. In accordance with the provisions of paragraphs (2) and (3) of this subsection, one-fourth (25 percent) of the annual estimate prepared by the District government shall be paid, not later than the second day of each fiscal quarter, to the District government by the Secretary of the Treasury from funds deposited by said departments, establishments, or agencies in a United States Treasury account entitled 'Federal Payment for Water and Sewer Services'. In the absence of sufficient funds in said account, payment shall be made by the Secretary of the Treasury from funds available to the respective user agencies. Payments shall be made to the District government by the Secretary of the Treasury without further justification, and shall be equal to one-fourth (25 percent) of the annual estimate prepared by the District government pursuant to paragraph (2) of this subsection.
(2) By April 15 of each calendar year the District shall provide the Office of Management and Budget, the Secretary of the Treasury, and the head of each of the respective Federal departments, independent establishments, and agencies, for inclusion in the President's budget of the respective Federal departments, independent establishments, or agencies, an estimate of the cost of service for the fiscal year commencing October 1st of the following calendar year. The estimate shall provide the total estimated annual cost of such service and an itemized estimate of such costs by Federal department, independent establishment, or agency. The District's estimates on a yearly basis shall reflect such adjustments as are necessary to (A) account for actual usage variances from the estimated amounts for the fiscal year ending on September 30th of the calendar year preceding April 15th, and (B) reflect changes in rates charged for water and sewer services resulting from public laws or rate covenants pursuant to water and sewer revenue bond sales.
(3) Each Federal department, independent establishment, or agency receiving water services in buildings, establishments, or other places shall pay from funds specifically appropriated or otherwise available to it, quarterly and on the first day of each such fiscal quarter, to an account in the United States Treasury entitled 'Federal Payment for Water and Sewer Services' an amount equal to one-fourth (25 percent) of the annual estimate for said services as provided for in paragraph (2) of this subsection.
(4) The amount or time period for late payment of water charges involving a building, establishment, or other place owned by the Government of the United States imposed by the District of Columbia shall not be different from those imposed by the District of Columbia on its most favored customer.
(5) Repealed.
(c) Nothing in this section may be construed to require the District of Columbia to seek payment for water services directly from any Federal entity which is under the jurisdiction of a department, independent establishment, or agency which is required to make a payment for such services under this section, or to allocate any amounts charged for such services among the entities which are under the jurisdiction of any such department, independent establishment, or agency. Each Federal department, independent establishment, and agency receiving water from the District of Columbia shall be responsible for allocating billings for such services among entities under the jurisdiction of the department, establishment, or agency, and shall be responsible for collecting amounts from such entities for any payments made to the District of Columbia under this section.
(d) In the case of water services provided to a department, independent establishment, or agency in Virginia through the Federally owned water main system, if the total of the metered amounts billed for all individual users of the system (as measured by the meters for each individual user) is less than the total amount as measured by the meters at the delivery points into the system at the Francis Scott Key Bridge, the District government shall collect, and the Secretary of Defense shall pay, the difference to the District government in accordance with the requirements for collecting and making payments under this section.
(May 18, 1954, 68 Stat. 102, ch. 218, title I, § 106; Sept. 30, 1966, 80 Stat. 857, Pub. L. 89-610, title V, § 503; Oct. 6, 1977, 91 Stat. 1093, Pub. L. 95-122, § 1(1); Nov. 21, 1989, 103 Stat. 1280, Pub. L. 101-168, § 133(b); Dec. 21, 2000, 114 Stat. 2763, Pub. L. 106-554, § 1(a)(4), H.R. 5666, Div. A., Ch. 4, § 401(a); Dec. 21, 2001, 115 Stat. 942 to 944, Pub. L. 107-96, par. 52(a)(2), (b)(1), (c)(2); Oct. 18, 2004, 118 Stat. 1348, Pub. L. 108- 335, § 337(a).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1552.
1973 Ed., § 43-1541.
Effect of Amendments
Pub. L. 107-96, in subsec. (a), inserted the second to the last sentence relating to access to meters; in subsec. (b), par. (2), inserted "the Secretary of the Treasury, and the head of each of the respective Federal departments, independent establishments, and agencies,"; added subsec. (c) relating to payment for sanitary sewer services; and added subsec. (d) relating to water services.
Pub. L. 108-335, in subsec. (b), repealed par. (5) which had read as follows:
"(5) Not later than the 15th day of the month following each quarter (beginning with the first quarter of fiscal year 2001), the inspector general of each Federal department, establishment, or agency receiving water services from the District of Columbia shall submit a report to the Committees on Appropriations of the House of Representatives and Senate analyzing the promptness of payment with respect to the services furnished to such department, establishment, or agency."
Effective Dates
Pub. L. 107-96, 115 Stat. 944, the District of Columbia Appropriations Act, 2002, provides in part:
"This section and the amendments made by this section shall apply with respect to fiscal year 2002 and each succeeding fiscal year."
Section 337(c) of Pub. L. 108-335 provides:
"(c) The amendments made by this section shall apply with respect to quarters occurring during fiscal year 2005 and each succeeding fiscal year."
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
Apportionment of appropriations: Section 133 of Pub. L. 101-518, 104 Stat. 2237, the District of Columbia Appropriations Act, 1991, amended section 133(e) of the District of Columbia Appropriations Act, 1990, as amended, by striking "December 31, 1990" and inserting "December 31, 1991."
Section 129 of Pub. L. 102-111, 105 Stat. 570, the District of Columbia Appropriations Act, 1992, amended section 133(e) of the District of Columbia Appropriations Act, 1990, as amended, by striking "December 31, 1991" and inserting "December 31, 1992."
Section 130 of Pub. L. 102-382, 106 Stat. 1434, the District of Columbia Appropriations Act, 1993, amended section 133(e) of the District of Columbia Appropriations Act, 1990, as amended, by striking "December 31, 1992" and inserting "December 31, 1993."
Public Law 102-382, 106 Stat. 1429, the District of Columbia Appropriations Act, 1993, provided for the Water and Sewer Enterprise Fund, $251,630,000, of which $39,602,000 shall be apportioned and payable to the debt service fund for repayment of loans and interest incurred for capital improvement projects.
Section 134 of § 1(c) of Pub. L. 100-202, the District of Columbia Appropriations Act, 1988, provided that none of the funds available to the District of Columbia government shall be used for any purpose involved in billing individual agencies or establishments for water and water services and sanitary sewer services traditionally funded under the account "Federal Payment for Water and Sewer Services" unless and until existing statutes (sections 106 and 212 of the District of Columbia Public Works Act of 1954, as amended, Public Law 364, approved May 18, 1954) are amended to specifically provide for such billing.
Section 128 of Pub. L. 103-127, 107 Stat. 1347, the District of Columbia Appropriations Act, 1994, amended section 133(e) of the District of Columbia Appropriations Act, 1990, as amended, by substituting "December 31, 1994" for "December 31, 1993."
Apportionment of appropriations: For construction projects, $45,908,000, as authorized by § 43-1512 et seq. [§ 34-2405.01 et seq., 2001 Ed.]: Provided, That the requirements and restrictions that are applicable to general fund capital improvement projects and set forth in this Act under the Capital Outlay appropriation title shall apply to projects approved under this appropriation title: Provided further, That $22,705,000 in water and sewer enterprise fund operating revenues shall be available for pay-as-you-go capital projects.
Section 128 of Pub. L. 103-334, 108 Stat. 2576, the District of Columbia Appropriations Act, 1995, amended section 133(e) of the District of Columbia Appropriations Act, 1990, by striking "shall take effect" and all that follows and inserting "shall apply with respect to water and sanitary sewer services furnished on or after January 1, 1990." Thus, as of September 30, 1994, section 133(e) of the District of Columbia Appropriations Act, 1990, has read as follows: "The amendments made by this section shall apply with respect to water and sanitary sewer services furnished on or after January 1, 1990." Section 133(e) controls the effectiveness of this section.
Section 401(c) of Chapter 4 of Division A of H.R. 5666, as enacted by reference by section 1(a)(4) of Pub. L. 106-554, stated that "The amendments made by this section shall take effect as if included in the enactment of section 133 of the District of Columbia Appropriations Act, 1990."
If a department, independent establishment, or agency of the United States which uses water and water services from the District of Columbia water supply system has not installed a suitable meter at each point of Federal connection to the system to control and record the use of water through each such connection (as required under § 34-2401.25(a)) as of the expiration of the 60-day period which begins on December 21, 2001:
(1) The District of Columbia Water and Sewer Authority shall install such a meter or meters (and incidental vaults, valves, piping and recording devices, and such other equipment as the Authority deems necessary) not later than 60 days after the expiration of such period; and
(2) The department, independent establishment, or agency shall pay the Authority promptly (but in no case later than 30 days after the Authority submits a bill) for the costs incurred in installing the meter and equipment.
(Dec. 21, 2001, 115 Stat. 943, Pub. L. 107-96, par. (52)(b)(2).)
HISTORICAL AND STATUTORY NOTES
Effective Dates
Pub. L. 107-96, 115 Stat. 944, the District of Columbia Appropriations Act, 2002, provides in part:
"This section and the amendments made by this section shall apply with respect to fiscal year 2002 and each succeeding fiscal year."
(a) The Mayor is authorized to contract with the United States, any state in the Potomac River basin, any agency or political subdivision thereof, and any other competent state or local authority, with respect to the payment by the District to the United States, either directly or indirectly, of the District's equitable share of any part or parts of the non-federal portion of the costs of any reservoirs authorized by the Congress for construction on the Potomac River or any of its tributaries. Every such contract may contain such provisions as the Mayor may deem necessary or appropriate.
(b) Unless hereafter otherwise provided by legislation enacted by the Council, all payments made by the District and all moneys received by the District pursuant to any contract made under the authority of this Act shall be paid from, or be deposited in, a fund designated by the Mayor. Charges for water delivered from the District water system for use outside the District may be adjusted to reflect the portions of any payments made by the District under contracts authorized by this Act which are equitably attributable to such use outside the District.
(c) There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.
(Mar. 24, 1972, 86 Stat. 113, Pub. L. 92-263, § 1-3; Dec. 24, 1973, 87 Stat. 808, Pub. L. 93-198, title IV, § 488.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1553.
1973 Ed., §§ 43-1542, 43-1542a.
References in Text
"This Act," referred to in subsection (b) of this section, is the District of Columbia Home Rule Act.
Editor's Notes
This section is also codified at § 1-204.88.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. 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
Definitions applicable: The definitions in § 1-201.03 apply to this section.
Appropriations are hereby authorized for the acquisition, by gift, dedication, exchange, purchase, or condemnation, of land or rights in or on land or easements therein for the Washington Aqueduct by the Chief of Engineers, Corps of Engineers, United States Army, or his designated agents.
(Oct. 26, 1973, 87 Stat. 507, Pub. L. 93-140, § 18.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1554.
1973 Ed., § 43-1543.
