[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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