113 HR 2741 IH: To clarify that, with respect to each Missouri River mainstem reservoir of the Corps of Engineers located in a State, the State maintains authority to allocate and appropriate the quantity of water in the reservoir that is attributable to the natural flows of the Missouri River within the boundaries of the State, and for other purposes. U.S. House of Representatives 2013-07-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 1st Session H. R. 2741 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mrs. Noem (for herself and Mr. Cramer) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To clarify that, with respect to each Missouri River mainstem reservoir of the Corps of Engineers located in a State, the State maintains authority to allocate and appropriate the quantity of water in the reservoir that is attributable to the natural flows of the Missouri River within the boundaries of the State, and for other purposes.

1.

State authority to allocate and appropriate waters in Missouri River mainstem reservoirs

(a)

Declaration of policy

It is declared to be the policy of Congress that— (1)a State has authority to manage the waters of rivers located within the boundaries of the State; and (2)accordingly, with respect to each Missouri River mainstem reservoir of the Corps of Engineers, the State in which the reservoir is located maintains authority to allocate and appropriate the quantity of water in the reservoir that is attributable to the natural flows of the Missouri River within the boundaries of the State. (b)

Natural flows

For purposes of this section— (1)the term natural flows means waters of the Missouri River that would be flowing in a State in the absence of a dam that forms a Missouri River mainstem reservoir of the Corps of Engineers; and (2)the quantity of natural flows shall be determined based on average monthly flows (excluding depletions) and shall be calculated for the entire period of record, including the periods before, during, and after construction of any dams or reservoirs. (c)

Missouri river system reservoirs

(1)

Policies and procedures

All policies and procedures for the operations of Missouri River mainstem reservoirs of the Corps of Engineers shall be consistent with the declared policy under subsection (a). (2)

Determination of natural flows

With respect to each Missouri River mainstem reservoir of the Corps of Engineers, the Secretary shall determine, in consultation with the State in which the reservoir is located, the quantity of water in the reservoir that is attributable to the natural flows of the Missouri River within the boundaries of the State. (3)

Judicial review

A State may seek judicial review of a determination under paragraph (2) under chapter 7 of title 5, United States Code. (4)

Prohibition on fees

(A)

In general

The Secretary may not charge a fee in connection with water attributable to the natural flows of the Missouri River. (B)

Interim rule

Until the quantity of the natural flows of the Missouri River within the boundaries of a State is determined under subsection (c)(2) through final agency action, the Secretary may not charge any fee in connection with water of the Missouri River in the State, without the consent of the State. (5)

Report to Congress

Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on determinations made under paragraph (2).