1.This Act may be cited as the
Dry-Redwater Regional Water Authority
System Act of 2009
.
2.
(a)Congress
finds that—
(1)there are
insufficient available supplies of safe water to meet the minimum health and
safety standards of the citizens of—
(A)Dawson, Garfield,
McCone, Prairie, and Richland Counties of the State; and
(B)McKenzie County,
North Dakota;
(2)McCone and
Garfield Counties of the State were—
(A)directly and
physically impacted when the Fort Peck Dam was constructed; and
(B)to receive certain
impact benefits as a result of the Pick-Sloan program; and
(3)the water that is
contained in the Fort Peck Dam reservoir is managed for purposes relating
to—
(A)flood
control;
(B)the production of
hydroelectric power;
(C)irrigation;
(D)the maintenance of
a public water supply;
(E)the conservation
of fish and wildlife;
(F)recreation;
and
(G)the improvement of
water quality.
(b)The
purpose of this Act is to ensure a safe and adequate municipal, rural, and
industrial water supply for the citizens of—
(1)Dawson, Garfield,
McCone, Prairie, and Richland Counties of the State; and
(2)McKenzie County,
North Dakota.
3.In this Act:
(1)The
term Administrator means the Administrator of the Western Area
Power Administration.
(2)The
term Authority means—
(A)the Dry-Redwater
Regional Water Authority, a publicly owned nonprofit water authority formed in
accordance with Mont. Code Ann. 75–6–302 (2007); and
(B)any nonprofit
successor entity.
(3)The term Pick-Sloan program means the
Pick-Sloan Missouri Basin Program (authorized by section 9 of the Act of
December 22, 1944; commonly known as the Flood Control Act of
1944
; 58 Stat. 891, chapter 665).
(4)The
term Secretary means the Secretary of the Interior.
(5)The
term State means the State of Montana.
(6)The term Water System means the Dry-Redwater
Regional Water Authority System authorized under section 4 for—
(A)Dawson, Garfield,
McCone, Prairie, and Richland Counties of the State; and
(B)McKenzie County,
North Dakota.
(7)Non-federal
distribution systemThe term
non-Federal distribution system means the local electric service
facility provider.
(8)The term integrated system means the
transmission system owned by Western Area Power Administration, Basin Electric
Power Cooperative and Heartland Consumers Power District and administered by
Western Area Power Administration.
4.Dry-Redwater
regional water authority system
(a)
(1)The Secretary shall enter into a cooperative agreement
with the Authority to provide Federal assistance for the planning, design, and
construction of the Water System.
(2)A
cooperative agreement entered into under paragraph (1) shall specify, in a
manner that is acceptable to the Secretary and the Authority—
(A)the
responsibilities of each party to the cooperative agreement relating to the
Water System, including—
(i)the
final engineering report;
(ii)an
environmental and cultural resource study;
(iii)engineering and
design;
(iv)construction;
(v)water conservation
measures; and
(vi)administration of
contracts relating to the performance of the activities described in clauses
(i) through (v);
(B)any procedure or
requirement relating to—
(i)the
carrying out of each activity described in subparagraph (A); and
(ii)the
approval and acceptance of the design and construction of the Water System;
and
(C)the rights,
responsibilities, and liabilities of each party to the cooperative
agreement.
(b)
(1)
(A)The Federal share of the costs relating to the planning,
design, and construction of the Water System shall not exceed 75 percent of the
total cost of the Water System.
(B)Amounts
made available under subparagraph (A) shall not be returnable or reimbursable
under the reclamation laws.
(2)Compliance with
cooperative agreementFederal funds made available to carry out
this section shall be obligated and expended in accordance with a cooperative
agreement entered into by the Secretary under subsection (a).
(c)Components
of the Water System facilities for which Federal funds may be obligated and
expended under this section shall include—
(1)facilities
relating to—
(A)water
intake;
(B)water
pumping;
(C)water treatment;
and
(D)water
storage;
(2)transmission
pipelines and pumping stations;
(3)appurtenant
buildings, maintenance equipment, and access roads;
(4)any
interconnection facility that connects a pipeline of the Water System to a
pipeline of a public water system;
(5)distribution,
pumping, and storage facilities that—
(A)serve the needs of
citizens who use public water systems;
(B)are in existence
on the date of the enactment of this Act; and
(C)may be purchased,
improved, and repaired in accordance with a cooperative agreement entered into
by the Secretary under subsection (a)(1);
(6)electrical power
transmission and distribution facilities required for the operation and
maintenance of the Water System;
(7)any other facility
or service required for the development of a rural water distribution system,
as determined by the Secretary; and
(8)any property or
property right required for the construction or operation of a facility
described in this subsection.
(d)The service area of the Water System shall be—
(1)the area of
Garfield and McCone Counties in the State;
(2)the area west of
the Yellowstone River in Dawson and Richland Counties in the State;
(3)the area
including, and north of, Township 15N in Prairie County in the State;
and
(4)the portion of
McKenzie County, North Dakota, that includes all land that is located west of
the Yellowstone River in the State of North Dakota.
(e)Limitation on
Availability of Construction FundsThe Secretary shall not
obligate funds for construction of the Water System until the date on which the
last of the following occurs:
(1)The Water System
complies with each requirement under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(2)90 days after the
date of receipt by Congress of the final engineering report described in
subsection (a)(2)(A)(i) that is approved by the Secretary.
(3)The Secretary
publishes a written finding that the water conservation plan developed pursuant
to section 6 contains water conservation measures for the operation of the
Water System that are—
(A)prudent;
(B)reasonable;
and
(C)economically and
financially feasible.
(f)Limitation on
Use of Federal Funds
(1)Any cost relating to the operation, maintenance, or
replacement of the Water System—
(A)shall not be a
Federal responsibility; and
(B)shall be paid by
the Water System.
(2)The Secretary shall not obligate or expend Federal funds
for the operation, maintenance, or replacement of the Water System.
(g)Title to the
Water SystemTitle to the Water System shall be held by the
Authority.
5.Use of power from
Pick-Sloan program
(a)Congress
finds that McCone and Garfield Counties in the State were designated—
(1)as impact counties
during the period in which the Fort Peck Dam was constructed; and
(2)to receive impact
mitigation benefits in accordance with the Pick-Sloan program.
(b)
(1)Subject to paragraph
(2), the Administrator shall make available to the Water System a quantity of
power required, up to one and one-half megawatt capacity, to meet the pumping
and incidental operation requirements of the Water System during the period
beginning May 1 and ending on October 31 of each year from the following Water
System facilities—
(A)from the water
intake facilities; and
(B)through all
pumping stations, water treatment facilities, reservoirs, storage tanks, and
pipelines up to the point of delivery of water by the water supply system to
all storage reservoirs and tanks and each entity that distributes water at
retail to individual users.
(2)The
Water System shall be eligible to receive power under paragraph (1) if the
Water System—
(A)operates on a
not-for-profit basis; and
(B)is constructed
pursuant to a cooperative agreement entered into by the Secretary under section
4(a).
(3)The Administrator shall make available the
power described in paragraph (1) at the firm power rate.
(4)If power, in addition to that made available to the Water
System in paragraph (1) is required to meet the pumping requirements of the
Dry-Redwater Regional Water Authority, the Administrator may purchase the
necessary additional power at the best available rate. The costs of such
purchases shall be reimbursed to the Administrator by the Dry-Redwater Regional
Water Authority.
(5)Responsibility
for power chargesThe
Authority shall be responsible for the payment of the power charge described in
paragraph (3) and non-Federal delivery costs described in paragraph 6.
(6)Transmission
arrangementsThe Water System shall be responsible for all
non-Federal transmission and distribution system delivery and service
arrangements. The Water System shall be responsible for funding any
transmission upgrades, if required, to the Integrated System necessary to
deliver power to the Water System.
6.
(a)The Authority shall develop a water conservation plan
containing—
(1)a
description of water conservation objectives;
(2)a
description of appropriate water conservation measures; and
(3)a
time schedule for carrying out the measures described in paragraph (2) and this
Act to meet the water conservation objectives described in paragraph
(1).
(b)The water conservation plan developed under
subsection (a) shall be designed to ensure that users of water provided by the
Water System will use the best practical technology and management techniques
to conserve water.
(c)Section 210(c) of the Reclamation Reform Act of
1982 (43 U.S.C. 390jj(c)) shall apply to each activity carried out under this
Act.
7.Authorization of
appropriations
(a)There is authorized to be appropriated to carry out the
planning, design, and construction of the Water System a total of $115,116,000
for fiscal years 2011 through 2021.
(b)The amount authorized to be appropriated under
subsection (a) may be increased or decreased in accordance with ordinary
fluctuations in development costs incurred after January 1, 2008, as indicated
by any available engineering cost indices applicable to construction activities
that are similar to the construction of the Water System.