[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 685 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 659
115th CONGRESS
  2d Session
                                 S. 685

                          [Report No. 115-373]

 To authorize the Dry-Redwater Regional Water Authority System and the 
  Musselshell-Judith Rural Water System in the States of Montana and 
                 North Dakota, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 21, 2017

Mr. Daines (for himself and Mr. Tester) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                           November 15, 2018

 Reported by Ms. Murkowski, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To authorize the Dry-Redwater Regional Water Authority System and the 
  Musselshell-Judith Rural Water System in the States of Montana and 
                 North Dakota, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Clean Water for Rural 
Communities Act''.</DELETED>

<DELETED>SEC. 2. PURPOSE.</DELETED>

<DELETED>    The purpose of this Act is to ensure a safe and adequate 
municipal, rural, and industrial water supply for the citizens of--
</DELETED>
        <DELETED>    (1) Dawson, Garfield, McCone, Prairie, Richland, 
        Judith Basin, Wheatland, Golden Valley, Fergus, Yellowstone, 
        and Musselshell Counties in the State of Montana; and</DELETED>
        <DELETED>    (2) McKenzie County, North Dakota.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Administrator.--The term ``Administrator'' 
        means the Administrator of the Western Area Power 
        Administration.</DELETED>
        <DELETED>    (2) Authority.--The term ``Authority'' means--
        </DELETED>
                <DELETED>    (A) in the case of the Dry-Redwater 
                Regional Water Authority System--</DELETED>
                        <DELETED>    (i) the Dry-Redwater Regional 
                        Water Authority, which is a publicly owned 
                        nonprofit water authority formed in accordance 
                        with Mont. Code Ann. Sec. 75-6-302 (2007); 
                        and</DELETED>
                        <DELETED>    (ii) any nonprofit successor 
                        entity to the Authority described in clause 
                        (i); and</DELETED>
                <DELETED>    (B) in the case of the Musselshell-Judith 
                Rural Water System--</DELETED>
                        <DELETED>    (i) the Central Montana Regional 
                        Water Authority, which is a publicly owned 
                        nonprofit water authority formed in accordance 
                        with Mont. Code Ann. Sec. 75-6-302 (2007); 
                        and</DELETED>
                        <DELETED>    (ii) any nonprofit successor 
                        entity to the Authority described in clause 
                        (i).</DELETED>
        <DELETED>    (3) Dry-redwater regional water authority 
        system.--The term ``Dry-Redwater Regional Water Authority 
        System'' means the Dry-Redwater Regional Water Authority System 
        authorized under section 4(a)(1) with a project service area 
        that includes--</DELETED>
                <DELETED>    (A) Garfield and McCone Counties in the 
                State;</DELETED>
                <DELETED>    (B) the area west of the Yellowstone River 
                in Dawson and Richland Counties in the State;</DELETED>
                <DELETED>    (C) T. 15 N. (including the area north of 
                the Township) in Prairie County in the State; 
                and</DELETED>
                <DELETED>    (D) 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.</DELETED>
        <DELETED>    (4) Integrated system.--The term ``integrated 
        system'' means the transmission system owned by the Western 
        Area Power Administration Basin Electric Power District and the 
        Heartland Consumers Power District.</DELETED>
        <DELETED>    (5) Musselshell-judith rural water system.--The 
        term ``Musselshell-Judith Rural Water System'' means the 
        Musselshell-Judith Rural Water System authorized under section 
        4(a)(2) with a project service area that includes--</DELETED>
                <DELETED>    (A) Judith Basin, Wheatland, Golden 
                Valley, and Musselshell Counties in the 
                State;</DELETED>
                <DELETED>    (B) the portion of Yellowstone County in 
                the State within 2 miles of State Highway 3 and within 
                4 miles of the county line between Golden Valley and 
                Yellowstone Counties in the State, inclusive of the 
                Town of Broadview, Montana; and</DELETED>
                <DELETED>    (C) the portion of Fergus County in the 
                State within 2 miles of U.S. Highway 87 and within 4 
                miles of the county line between Fergus and Judith 
                Basin Counties in the State, inclusive of the Town of 
                Moore, Montana.</DELETED>
        <DELETED>    (6) Non-federal distribution system.--The term 
        ``non-Federal distribution system'' means a non-Federal utility 
        that provides electricity to the counties covered by the Dry-
        Redwater Regional Water Authority System.</DELETED>
        <DELETED>    (7) Pick-sloan program.--The term ``Pick-Sloan 
        program'' means the Pick-Sloan Missouri River 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)).</DELETED>
        <DELETED>    (8) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (9) State.--The term ``State'' means the State of 
        Montana.</DELETED>
        <DELETED>    (10) Water system.--The term ``Water System'' 
        means--</DELETED>
                <DELETED>    (A) the Dry-Redwater Regional Water 
                Authority System; and</DELETED>
                <DELETED>    (B) the Musselshell-Judith Rural Water 
                System.</DELETED>

<DELETED>SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM AND 
              MUSSELSHELL-JUDITH RURAL WATER SYSTEM.</DELETED>

<DELETED>    (a) Authorization.--The Secretary may carry out--
</DELETED>
        <DELETED>    (1) the project entitled the ``Dry-Redwater 
        Regional Water Authority System'' in a manner that is 
        substantially in accordance with the feasibility study entitled 
        ``Dry-Redwater Regional Water System Feasibility Study'' 
        (including revisions of the study), which received funding from 
        the Bureau of Reclamation on September 1, 2010; and</DELETED>
        <DELETED>    (2) the project entitled the ``Musselshell-Judith 
        Rural Water System'' in a manner that is substantially in 
        accordance with the feasibility report entitled ``Musselshell-
        Judith Rural Water System Feasibility Report'' (including any 
        and all revisions of the report).</DELETED>
<DELETED>    (b) Cooperative Agreement.--The Secretary shall enter into 
a cooperative agreement with the Authority to provide Federal 
assistance for the planning, design, and construction of the Water 
Systems.</DELETED>
<DELETED>    (c) Cost-Sharing Requirement.--</DELETED>
        <DELETED>    (1) Federal share.--</DELETED>
                <DELETED>    (A) In general.--The Federal share of the 
                costs relating to the planning, design, and 
                construction of the Water Systems shall not exceed--
                </DELETED>
                        <DELETED>    (i) in the case of the Dry-
                        Redwater Regional Water Authority System--
                        </DELETED>
                                <DELETED>    (I) 75 percent of the 
                                total cost of the Dry-Redwater Regional 
                                Water Authority System; or</DELETED>
                                <DELETED>    (II) such other lesser 
                                amount as may be determined by the 
                                Secretary, acting through the 
                                Commissioner of Reclamation, in a 
                                feasibility report; or</DELETED>
                        <DELETED>    (ii) in the case of the 
                        Musselshell-Judith Rural Water System, 75 
                        percent of the total cost of the Musselshell-
                        Judith Rural Water System.</DELETED>
                <DELETED>    (B) Limitation.--Amounts made available 
                under subparagraph (A) shall not be returnable or 
                reimbursable under the reclamation laws.</DELETED>
        <DELETED>    (2) Use of federal funds.--</DELETED>
                <DELETED>    (A) General uses.--Subject to 
                subparagraphs (B) and (C), the Water Systems may use 
                Federal funds made available to carry out this section 
                for--</DELETED>
                        <DELETED>    (i) facilities relating to--
                        </DELETED>
                                <DELETED>    (I) water 
                                pumping;</DELETED>
                                <DELETED>    (II) water treatment; 
                                and</DELETED>
                                <DELETED>    (III) water 
                                storage;</DELETED>
                        <DELETED>    (ii) transmission 
                        pipelines;</DELETED>
                        <DELETED>    (iii) pumping stations;</DELETED>
                        <DELETED>    (iv) appurtenant buildings, 
                        maintenance equipment, and access 
                        roads;</DELETED>
                        <DELETED>    (v) any interconnection facility 
                        that connects a pipeline of the Water System to 
                        a pipeline of a public water system;</DELETED>
                        <DELETED>    (vi) electrical power transmission 
                        and distribution facilities required for the 
                        operation and maintenance of the Water 
                        System;</DELETED>
                        <DELETED>    (vii) any other facility or 
                        service required for the development of a rural 
                        water distribution system, as determined by the 
                        Secretary; and</DELETED>
                        <DELETED>    (viii) any property or property 
                        right required for the construction or 
                        operation of a facility described in this 
                        subsection.</DELETED>
                <DELETED>    (B) Additional uses.--In addition to the 
                uses described in subparagraph (A)--</DELETED>
                        <DELETED>    (i) the Dry-Redwater Regional 
                        Water Authority System may use Federal funds 
                        made available to carry out this section for--
                        </DELETED>
                                <DELETED>    (I) facilities relating to 
                                water intake; and</DELETED>
                                <DELETED>    (II) distribution, 
                                pumping, and storage facilities that--
                                </DELETED>
                                        <DELETED>    (aa) serve the 
                                        needs of citizens who use 
                                        public water systems;</DELETED>
                                        <DELETED>    (bb) are in 
                                        existence on the date of 
                                        enactment of this Act; 
                                        and</DELETED>
                                        <DELETED>    (cc) may be 
                                        purchased, improved, and 
                                        repaired in accordance with a 
                                        cooperative agreement entered 
                                        into by the Secretary under 
                                        subsection (b); and</DELETED>
                        <DELETED>    (ii) the Musselshell-Judith Rural 
                        Water System may use Federal funds made 
                        available to carry out this section for--
                        </DELETED>
                                <DELETED>    (I) facilities relating 
                                to--</DELETED>
                                        <DELETED>    (aa) water supply 
                                        wells; and</DELETED>
                                        <DELETED>    (bb) distribution 
                                        pipelines; and</DELETED>
                                <DELETED>    (II) control 
                                systems.</DELETED>
                <DELETED>    (C) Limitation.--Federal funds made 
                available to carry out this section shall not be used 
                for the operation, maintenance, or replacement of the 
                Water Systems.</DELETED>
                <DELETED>    (D) Title.--Title to the Water Systems 
                shall be held by the Authority.</DELETED>

<DELETED>SEC. 5. USE OF POWER FROM PICK-SLOAN PROGRAM BY THE DRY-
              REDWATER REGIONAL WATER AUTHORITY SYSTEM.</DELETED>

<DELETED>    (a) Finding.--Congress finds that--</DELETED>
        <DELETED>    (1) McCone and Garfield Counties in the State were 
        designated as impact counties during the period in which the 
        Fort Peck Dam was constructed; and</DELETED>
        <DELETED>    (2) as a result of the designation, the Counties 
        referred to in paragraph (1) were to receive impact mitigation 
        benefits in accordance with the Pick-Sloan program.</DELETED>
<DELETED>    (b) Availability of Power.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraph (2), the 
        Administrator shall make available to the Dry-Redwater Regional 
        Water Authority System a quantity of power required, of up to 
        1\1/2\ megawatt capacity, to meet the pumping and incidental 
        operation requirements of the Dry-Redwater Regional Water 
        Authority System during the period beginning on May 1 and 
        ending on October 31 of each year--</DELETED>
                <DELETED>    (A) from the water intake facilities; 
                and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Eligibility.--The Dry-Redwater Regional Water 
        Authority System shall be eligible to receive power under 
        paragraph (1) if the Dry-Redwater Regional Water Authority 
        System--</DELETED>
                <DELETED>    (A) operates on a not-for-profit basis; 
                and</DELETED>
                <DELETED>    (B) is constructed pursuant to a 
                cooperative agreement entered into by the Secretary 
                under section 4(b).</DELETED>
        <DELETED>    (3) Rate.--The Administrator shall establish the 
        cost of the power described in paragraph (1) at the firm power 
        rate.</DELETED>
        <DELETED>    (4) Additional power.--</DELETED>
                <DELETED>    (A) In general.--If power, in addition to 
                that made available to the Dry-Redwater Regional Water 
                Authority System under paragraph (1), is necessary 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.</DELETED>
                <DELETED>    (B) Reimbursement.--The cost of purchasing 
                additional power shall be reimbursed to the 
                Administrator by the Dry-Redwater Regional Water 
                Authority.</DELETED>
        <DELETED>    (5) Responsibility for power charges.--The Dry-
        Redwater Regional Water Authority shall be responsible for the 
        payment of the power charge described in paragraph (4) and non-
        Federal delivery costs described in paragraph (6).</DELETED>
        <DELETED>    (6) Transmission arrangements.--</DELETED>
                <DELETED>    (A) In general.--The Dry-Redwater Regional 
                Water Authority System shall be responsible for all 
                non-Federal transmission and distribution system 
                delivery and service arrangements.</DELETED>
                <DELETED>    (B) Upgrades.--The Dry-Redwater Regional 
                Water Authority System shall be responsible for funding 
                any transmission upgrades, if required, to the 
                integrated system necessary to deliver power to the 
                Dry-Redwater Regional Water Authority System.</DELETED>

<DELETED>SEC. 6. WATER RIGHTS.</DELETED>

<DELETED>    Nothing in this Act--</DELETED>
        <DELETED>    (1) preempts or affects any State water law; 
        or</DELETED>
        <DELETED>    (2) affects any authority of a State, as in effect 
        on the date of enactment of this Act, to manage water resources 
        within that State.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) Authorization.--There are authorized to be 
appropriated such sums as are necessary to carry out the planning, 
design, and construction of the Water Systems, substantially in 
accordance with the cost estimate set forth in the applicable 
feasibility study or feasibility report described in section 
4(a).</DELETED>
<DELETED>    (b) Cost Indexing.--</DELETED>
        <DELETED>    (1) In general.--The amount authorized to be 
        appropriated under subsection (a) may be increased or decreased 
        in accordance with ordinary fluctuations in development costs 
        incurred after the applicable date specified in paragraph (2), 
        as indicated by any available engineering cost indices 
        applicable to construction activities that are similar to the 
        construction of the Water Systems.</DELETED>
        <DELETED>    (2) Applicable dates.--The date referred to in 
        paragraph (1) is--</DELETED>
                <DELETED>    (A) in the case of the Dry-Redwater 
                Regional Water Authority System, January 1, 2008; 
                and</DELETED>
                <DELETED>    (B) in the case of the Musselshell-Judith 
                Rural Water Authority System, November 1, 
                2014.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Water for Rural Communities 
Act''.

SEC. 2. PURPOSE.

    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, Richland, Judith 
        Basin, Wheatland, Golden Valley, Fergus, Yellowstone, and 
        Musselshell Counties in the State of Montana; and
            (2) McKenzie County, North Dakota.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Authority.--The term ``Authority'' means--
                    (A) the Central Montana Regional Water Authority, a 
                publicly owned nonprofit water authority formed in 
                accordance with Mont. Code Ann. Sec. 75-6-302 (2007); 
                and
                    (B) any nonprofit successor entity to the Authority 
                described in subparagraph (A).
            (2) Musselshell-judith rural water system.--The term 
        ``Musselshell-Judith Rural Water System'' means the 
        Musselshell-Judith Rural Water System authorized under section 
        4(a), with a project service area that includes--
                    (A) Judith Basin, Wheatland, Golden Valley, and 
                Musselshell Counties in the State;
                    (B) the portion of Yellowstone County in the State 
                within 2 miles of State Highway 3 and within 4 miles of 
                the county line between Golden Valley and Yellowstone 
                Counties in the State, inclusive of the Town of 
                Broadview, Montana; and
                    (C) the portion of Fergus County in the State 
                within 2 miles of U.S. Highway 87 and within 4 miles of 
                the county line between Fergus and Judith Basin 
                Counties in the State, inclusive of the Town of Moore, 
                Montana.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of Montana.

SEC. 4. MUSSELSHELL-JUDITH RURAL WATER SYSTEM.

    (a) Authorization.--The Secretary may carry out the planning, 
design, and construction of the Musselshell-Judith Rural Water System 
in a manner that is substantially in accordance with the feasibility 
report entitled ``Musselshell-Judith Rural Water System Feasibility 
Report'' (including any and all revisions of the report).
    (b) Cooperative Agreement.--The Secretary shall enter into a 
cooperative agreement with the Authority to provide Federal assistance 
for the planning, design, and construction of the Musselshell-Judith 
Rural Water System.
    (c) Cost-sharing Requirement.--
            (1) Federal share.--
                    (A) In general.--The Federal share of the costs 
                relating to the planning, design, and construction of 
                the Musselshell-Judith Rural Water System shall not 
                exceed 65 percent of the total cost of the Musselshell-
                Judith Rural Water System.
                    (B) Limitation.--Amounts made available under 
                subparagraph (A) shall not be returnable or 
                reimbursable under the reclamation laws.
            (2) Use of federal funds.--
                    (A) General uses.--Subject to subparagraph (B), the 
                Musselshell-Judith Rural Water System may use Federal 
                funds made available to carry out this section for--
                            (i) facilities relating to--
                                    (I) water pumping;
                                    (II) water treatment;
                                    (III) water storage;
                                    (IV) water supply wells;
                                    (V) distribution pipelines; and
                                    (VI) control systems;
                            (ii) transmission pipelines;
                            (iii) pumping stations;
                            (iv) appurtenant buildings, maintenance 
                        equipment, and access roads;
                            (v) any interconnection facility that 
                        connects a pipeline of the Musselshell-Judith 
                        Rural Water System to a pipeline of a public 
                        water system;
                            (vi) electrical power transmission and 
                        distribution facilities required for the 
                        operation and maintenance of the Musselshell-
                        Judith Rural Water System;
                            (vii) any other facility or service 
                        required for the development of a rural water 
                        distribution system, as determined by the 
                        Secretary; and
                            (viii) any property or property right 
                        required for the construction or operation of a 
                        facility described in this subsection.
                    (B) Limitation.--Federal funds made available to 
                carry out this section shall not be used for the 
                operation, maintenance, or replacement of the 
                Musselshell-Judith Rural Water System.
                    (C) Title.--Title to the Musselshell-Judith Rural 
                Water System shall be held by the Authority.

SEC. 5. DRY-REDWATER FEASIBILITY STUDY.

    (a) Definitions.--In this section:
            (1) Dry-redwater regional water authority.--The term ``Dry-
        Redwater Regional Water Authority'' means--
                    (A) the Dry-Redwater Regional Water Authority, a 
                publicly owned nonprofit water authority formed in 
                accordance with Mont. Code Ann. Sec. 75-6-302 (2007); 
                and
                    (B) any nonprofit successor entity to the Authority 
                described in subparagraph (A).
            (2) Dry-redwater regional water authority system.--The term 
        ``Dry-Redwater Regional Water Authority System'' means the 
        project entitled the ``Dry-Redwater Regional Water Authority 
        System'', with a project service area that includes--
                    (A) Garfield and McCone Counties in the State;
                    (B) the area west of the Yellowstone River in 
                Dawson and Richland Counties in the State;
                    (C) T. 15 N. (including the area north of the 
                Township) in Prairie County in the State; and
                    (D) 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.
            (3) Reclamation feasibility standards.--The term 
        ``reclamation feasibility standards'' means the eligibility 
        criteria and feasibility study requirements described in 
        section 106 of the Reclamation Rural Water Supply Act of 2006 
        (43 U.S.C. 2405) (as in effect on September 29, 2016).
            (4) Submitted feasibility study.--The term ``submitted 
        feasibility study'' means the feasibility study entitled ``Dry-
        Redwater Regional Water System Feasibility Study'' (including 
        revisions of the study), which received funding from the Bureau 
        of Reclamation on September 1, 2010.
    (b) Study.--
            (1) In general.--The Secretary, in consultation with the 
        Dry-Redwater Regional Water Authority, may undertake a study, 
        including a review of the submitted feasibility study, to 
        determine the feasibility of constructing the Dry-Redwater 
        Regional Water System.
            (2) Requirement.--The study under paragraph (1) shall 
        comply with the reclamation feasibility standards.
    (c) Cooperative Agreement.--If the Secretary determines that the 
study under subsection (b) does not comply with the reclamation 
feasibility standards, the Secretary may enter into a cooperative 
agreement with the Dry-Redwater Regional Water Authority to complete 
additional work to ensure that the study complies with the reclamation 
feasibility standards.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $5,000,000 to carry out this section.
    (e) Termination.--The authority provided by this section shall 
expire on the date that is 5 years after the date of enactment of this 
Act.

SEC. 6. WATER RIGHTS.

    Nothing in this Act--
            (1) preempts or affects any State water law; or
            (2) affects any authority of a State, as in effect on the 
        date of enactment of this Act, to manage water resources within 
        that State.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--There is authorized to be appropriated to carry 
out the planning, design, and construction of the Musselshell-Judith 
Rural Water System, substantially in accordance with the cost estimate 
set forth in the feasibility report described in section 4(a), 
$56,650,000.
    (b) Cost Indexing.--The amount authorized to be appropriated under 
subsection (a) may be increased or decreased in accordance with 
ordinary fluctuations in development costs incurred after November 1, 
2014, as indicated by any available engineering cost indices applicable 
to construction activities that are similar to the construction of the 
Musselshell-Judith Rural Water System.
            Amend the title so as to read: ``A bill to authorize the 
        construction of the Musselshell-Judith Rural Water System and 
        study of the Dry-Redwater Regional Water Authority System in 
        the States of Montana and North Dakota, and for other 
        purposes.''.
                                                       Calendar No. 659

115th CONGRESS

  2d Session

                                 S. 685

                          [Report No. 115-373]

_______________________________________________________________________

                                 A BILL

 To authorize the Dry-Redwater Regional Water Authority System and the 
  Musselshell-Judith Rural Water System in the States of Montana and 
                 North Dakota, and for other purposes.

_______________________________________________________________________

                           November 15, 2018

        Reported with an amendment and an amendment to the title