Current through September 30, 2024
Section 701.201 - Availability of records and informational materials(a) Except for records and materials exempted from disclosure pursuant to paragraph (b) of this section, any person may inspect and copy any document in the possession and custody of the Water Resources Council in accordance with the procedure provided in § 701.202 .(b) The provisions of 5 U.S.C. 552 which require that agencies make their records available for public inspection and copying do not apply to matters which are:(1)(i) Specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and(ii) Are in fact properly classified pursuant to such Executive order;(2) Related solely to the internal personnel rules and practices of an agency;(3) Specifically exempted from disclosure by statute;(4) Trade secrets and commercial or financial information obtained from a person and privileged or confidential;(5) Inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency;(6) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;(7) Investigatory records compiled for law enforcement purposes but only to the extent that the production of such records would(i) interfere with enforcement proceedings,(ii) deprive a person of a right to a fair trial or an impartial adjudication,(iii) constitute an unwarranted invasion of personal privacy,(iv) disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source,(v) disclose investigative techniques and procedures, or(vi) endanger the life or physical safety of law enforcement personnel;(8) Contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or(9) Geological and geophysical information and data, including maps, concerning wells.Any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt under this subsection.