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B-277905 1 (1998-03-17)

handle is hein.gao/gaocrptahmq0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Prohibition on Use of Appropriated Funds for Defense Golf Courses File: B-277905 Date: March 17, 1998 DIGEST Neither 10 U.S.C. § 2866 or 16 U.S.C. § 1531(c)(2) have the effect of overriding, modifying or repealing 10 U.S.C. § 2246 which prohibits the use of appropriated funds to equip, operate, or maintain a golf course at a facility or installation of the Department of Defense. Thus, appropriated funds cannot be used to install or maintain greywater pipelines on an Army golf course. DECISION The Budget Office of the United States Army Garrison, Fort Sam Houston, has requested our opinion regarding the availability of appropriated funds to install and maintain water pipelines to support the base golf course, notwithstanding the provisions of 10 U.S.C. § 2246(a) which prohibits the use of appropriated funds to equip, operate, or maintain a golf course. The Budget Office asserts that two other statutes may overcome this prohibition. As explained below, we conclude that appropriated funds may not be used to install or maintain water pipelines on the Fort Sam Houston golf course. BACKGROUND The Edwards Aquifer is a unique underground system of water-bearing formations in central Texas. Water enters the aquifer through the ground as surface water and rainfall and leaves the aquifer through well withdrawals and springflows. The aquifer is the primary source of water for residents of central Texas including Fort Sam Houston. It supplies over one million people with water in San Antonio alone. In 1993 because of droughts and the anticipated increases in the withdrawal of water from the aquifer, the Texas Legislature enacted the Edwards Aquifer Act, creating a regulatory scheme to control and manage the use of the aquifer. Act of May 30, 1993, 73d Leg., Ch. 626, as amended by Act of May 29, 1995, 74th Leg., Ch. 261. An administrative body, the Edwards Aquifer Authority, was created to 'We have not been asked whether the Army could use funds to install pipelines to distribute greywater for irrigation of other facilities at the Fort. 1047317

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