[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4489 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4489
To authorize the Dry-Redwater Regional Water Authority System in the
State of Montana, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 12, 2026
Mr. Daines (for himself and Mr. Sheehy) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To authorize the Dry-Redwater Regional Water Authority System in the
State of Montana, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dry-Redwater Regional Water
Authorization 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, and Richland
Counties in the State of Montana; and
(2) McKenzie County, North Dakota.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Western Area Power Administration.
(2) Authority.--The term ``Authority'' means--
(A) the Dry-Redwater Regional Water Authority,
which is a publicly owned nonprofit water authority
formed in accordance with Mont. Code Ann. title 76,
chapter 6, part 3 (1999); and
(B) any nonprofit successor entity to the Authority
described in subparagraph (A).
(3) Integrated system.--The term ``Integrated System''
means the transmission system owned by the Western Area Power
Administration, Basin Electric Power Cooperative, and Heartland
Energy.
(4) Non-federal transmission and distribution system.--The
term ``non-Federal transmission and distribution system'' means
a non-Federal utility that provides electricity to the counties
covered by the Water System.
(5) 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).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of Montana.
(8) Water system.--The term ``Water System'' means the Dry-
Redwater Regional Water Authority System authorized under
section 4(a) 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.
SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM.
(a) Authorization.--The Secretary may carry out the project
entitled the ``Dry-Redwater Regional Water Authority System'' in a
manner that is substantially in accordance with the Bureau of
Reclamation feasibility study entitled ``Dry-Redwater Regional Water
System Feasibility Study'' and dated October 2025 (including revisions
of the study), which was authorized under the Clean Water for Rural
Communities Act (section 1110 of division FF of the Consolidated
Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 3246)), subject
to the condition that livestock watering shall not be limited to
incidental noncommercial livestock watering.
(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 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 Water System shall not exceed--
(i) 75 percent of the total cost of the
Water System; or
(ii) such other lesser amount as may be
determined by the Secretary, acting through the
Commissioner of Reclamation, in a feasibility
report.
(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 subparagraphs (B) and
(C), the Water System may use Federal funds made
available to carry out this section for--
(i) facilities relating to--
(I) water pumping;
(II) water treatment; and
(III) water storage;
(ii) transmission pipelines;
(iii) pumping stations;
(iv) appurtenant buildings, maintenance
equipment, and access roads;
(v) any interconnection facility that
connects a pipeline of the 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 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) Additional uses.--In addition to the uses
described in subparagraph (A), the Water System may use
Federal funds made available to carry out this section
for--
(i) facilities relating to water intake;
and
(ii) distribution, pumping, and storage
facilities that--
(I) serve the needs of citizens who
use public water systems;
(II) are in existence on the date
of enactment of this Act; and
(III) may be purchased, improved,
and repaired in accordance with a
cooperative agreement entered into by
the Secretary under subsection (b).
(C) Limitation.--Federal funds made available to
carry out this section shall not be used for the
operation, maintenance, or replacement of the Water
System.
(D) Title.--Title to the Water System shall be held
by the Authority.
SEC. 5. USE OF POWER FROM PICK-SLOAN PROGRAM BY THE DRY-REDWATER
REGIONAL WATER AUTHORITY SYSTEM.
(a) Finding.--Congress finds that--
(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
(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.
(b) Availability of Power.--
(1) In general.--Subject to paragraph (2), the
Administrator shall make available to the Water System a
quantity of power required to meet the operational requirements
of the Water System each year--
(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) Eligibility.--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(b).
(3) Rate.--The Administrator shall establish the cost of
the power described in paragraph (1) at the firm power rate.
(4) Responsibility for power charges.--The Authority shall
be responsible for the payment of the power charge described in
paragraph (3) and non-Federal delivery costs described in
paragraph (5).
(5) Transmission arrangements.--
(A) In general.--The Water System shall be
responsible for all non-Federal transmission and
distribution system delivery and service arrangements.
(B) Upgrades.--The Water System shall be
responsible for funding any transmission or
distribution upgrades to the Integrated System,
including upgrades to any non-Federal transmission or
distribution system, that are necessary to deliver
power to the Water System.
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. FUNDING.
(a) Authorization.--There is authorized to be appropriated for the
planning, design, and construction of the Water System $602,000,000 for
the period of fiscal years 2027 through 2037.
(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 January 1,
2024, as indicated by any available engineering cost indices applicable
to construction activities that are similar to the construction of the
Water System.
(c) Construction Costs Adjustment.--The amount authorized to be
appropriated under subsection (a) shall be adjusted to address
construction cost changes necessary to account for unforeseen market
volatility that may not otherwise be captured by engineering cost
indices, as determined by the Secretary, including repricing applicable
to the types of construction and current industry standards involved.
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