[Congressional Record Volume 143, Number 158 (Monday, November 10, 1997)]
[Extensions of Remarks]
[Pages E2320-E2322]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   DAKOTA WATER RESOURCES ACT OF 1997

                                 ______
                                 

                           HON. EARL POMEROY

                            of north dakota

                    in the house of representatives

                        Sunday, November 9, 1997

  Mr. POMEROY. Mr. Chairman, I rise today to introduce the Dakota Water 
Resources Act of 1997. My colleagues, Senator Conrad and Senator 
Dorgan, are introducing a companion bill in the Senate today. This bill 
represents an unprecedented agreement among North Dakota's 
congressional delegation, the States' elected leaders and a variety of 
State organizations.
  After years of negotiations, this legislation embodies a bipartisan 
effort to meet the comprehensive water needs of North Dakota, including 
the State's four Indian reservations. Without a dependable source of 
quality water the State's potential for economic development will be 
crippled.
  The Dakota Water Resources Act amends the Garrison Diversion 
Reformulation Act of 1986 and would refocus the project from large-
scale irrigation to the delivery of safe water. Throughout North 
Dakota, people realize that the project as outlined under the 1986 Act 
will not happen, and they support the more affordable, realistic 
provisions that would meet the State's water needs.
  Right now, much of the State lacks a supply of quality water. Many 
communities have unresolved Safe Drinking Water Act compliance 
problems. Rural water systems and regional water supply systems have 
been formed to meet the water needs, but much more needs to be done to 
complete those systems.
  To meet cities and towns' needs for safe water, the act authorizes 
$300 million for municipal, rural and industrial water systems (MR&I) 
projects. It allows the State to provide grants or loans to MR&I 
systems. This means the State could establish a revolving loan fund and 
continue to use funds from repaid loans for MR&I systems.
  In conjunction with the State's need for MR&I, it is important to 
note the additional authorization of $200 million which would provide 
for MR&I on the four Indian reservations. Additionally, authorization 
for irrigation on the reservations is included in this legislation, 
along with a provision which gives tribes the flexibility to determine 
which sites to irrigate within the reservation. The Standing Rock, Fort 
Berthold, Turtle Mountain and Fort Totten Indian Reservations would 
finally be able to meet their long overdue water needs with these 
provisions.
  Another major feature of this legislation which has not been realized 
under the 1986 Act is the ability to meet the water needs of the Red 
River Valley in North Dakota. This would provide $200 million for the 
State to choose the method of delivering Missouri River water to the 
Red River Valley. The communities of Fargo, and Grand Forks, as well as 
other towns up and down the valley would have a reliable source of 
water for continued growth in population and commercial activity.
  Any project that would be completed under the Act must comply with 
the Boundary Waters Treaty of 1909. We fully intend, and are required, 
to comply with the 1909 treaty between the United States and Canada 
when considering completion of any component of the project.
  In addition to meeting the State and the Indian reservation's 
comprehensive and future water needs, this Act involves significant 
environmental achievements. A Natural Resources Trust would receive $25 
million to preserve, enhance, restore, and manage wetlands and 
associated wildlife habitat, grassland conservation and riparian areas 
in the State.
  Other sections of the Act include authorization for the State to 
develop water conservation programs using MR&I funding. A bank 
stabilization study along the Missouri River below the Garrison Dam 
would be authorized. Also, the current Lonetree Reservoir would be 
designated as a wildlife conservation area.
  All of these provisions and the entire Dakota Water Resources Act 
have been worked out with painstaking detail among numerous groups. I 
would like to personally thank the Senators from North Dakota, Senator 
Kent Conrad and Senator Dorgan and their very capable staff, as well as 
North Dakota's State engineer and counsel, for their tireless work on 
the extraordinary agreement.
  I would also like to specifically note the support of the North 
Dakota Chapter of the Wildlife Society. Their input and support has 
been crucial to the development of this legislation.

[[Page E2321]]

  Many other groups have given their attention, time, and support to 
this comprehensive plan. It is rare that a bipartisan agreement such as 
this could be reached among an all-Democratic congressional delegation, 
and a Republican governor, as well as the majority and minority leaders 
of the State Senate and House of Representatives. But not only did 
these people agree that this legislation is important for the State's 
economic development, but a wide variety of groups concurred.
  For the Record, I submit letters of support from the following: North 
Dakota Wildlife Society; North Dakota Rural Electric Cooperative; North 
Dakota Water Users Association; North Dakota Water Resource Districts 
Association; Souris River Joint Water Resource Board; West River Joint 
Water Resources Board; Devils Lake Basin Joint Water Resource Board; 
Southwest Water Authority; Garrison Diversion Conservancy District; 
North Dakota Education Association; the cities of Fargo, Grand Forks, 
Minot, Williston, and Dickinson; Spirit Lake Sioux Tribe; Three 
Affiliated Tribes; Standing Rock Sioux Tribe; Turtle Mountain Band of 
Chippewa; the Industrial Development Association; the Fargo Chamber of 
Commerce; and the Greater North Dakota Association.

                                                     North Dakota,
                                                 November 7, 1997.
     Senator Frank Murkowski,
     Chairman, Committee on Energy and Natural Resources, U.S. 
         Senate, Washington, DC.
     Senator Dale Bumpers,
     Ranking Member, Committee on Energy and Natural Resources, 
         U.S. Senate, Washington, DC.
     Representative Dan Young,
     Chairman, Committee on Resources, House of Representatives, 
         Washington, DC.
     Representative George Miller,
     Ranking Member, Committee on Resources, House of 
         Representatives, Washington, DC.
       Gentlemen: Today marks a significant milestone for the 
     State of North Dakota. We, the elected political leaders of 
     the state, have agreed to support the introduction and to 
     urge the passage of the ``Dakota Water Resources Act.'' The 
     attached legislation, if enacted, will play an integral part 
     in the economic future of our state.
       We are proud that this legislation is the product of 
     extensive and full consultation with people who represent 
     nearly all aspects of the life of our state. It represents a 
     cooperative effort which has not only reached across partisan 
     political lines, but also has constructively engage all 
     affected interests of the state. It reflects the views of 
     Republicans and Democrats, Tribal leaders, the North Dakota 
     Chapter of the Wildlife Society, The North Dakota Water Users 
     Association, and the Rural Electric Cooperatives.
       Accordingly, we urge you to give this legislation your 
     early review and full support.
           Sincerely,
     Kent Conrad
       U.S. Senator.
     Byron Dorgan
       U.S. Senator.
     Earl Pomeroy
       U.S. Representative.
     Edward Schafer
       Governor.
     Gary Nelson
       Majority Leader, State Senate.
     Timothy Mathern
       Minority Leader, State Senate.
     John Dorso
       Majority Leader, State House.
     Merle Boucher
       Minority Leader, State House.
     Attachment.


     
                                                                    ____
                                           Garrison Diversion,

                                 Carrington, ND, November 7, 1997.
     Hon. Kent Conrad,
     U.S. Senator,
     Washington, DC
     Hon. Earl Pomeroy,
     U.S. Congressman,
     Washington, DC.
     Hon. Byron Dorgan,
     U.S. Senator,
     Washington, DC.
     Hon. Edward T. Schafer,
     Governor of North Dakota,
     Bismarck ND.
       Senator Conrad, Dorgan, Congressman Pomeroy, Governor 
     Schafer: I have reviewed the Garrison Diversion Amendments 
     and support their introduction as the ``Dakota Water 
     Resources Act of 1997.'' I believe, if enacted, this 
     legislation will go far toward relieving the federal 
     government from the onerous ``trail of broken federal 
     promises.'' While the promise of economic opportunity through 
     federal irrigation has been decimated, this legislation will 
     bring affordable, high quality water to a large portion of 
     North Dakota. Indian and non-Indians will benefit from the 
     water supplies provided by this legislation. In many cases, 
     these amendments will restore spirits nearly broken by the 
     drudgery of hauling poor quality water for many miles through 
     severe weather conditions. Affordable access to a portion of 
     North Dakota's rights to Missouri River water will be 
     possible, and the 120 miles of canals and pumping stations 
     that remain a scar on the belly of the prairie will finally 
     be put to limited use.
       The Amendments provide assurances that the Boundary Waters 
     Treaty, with our Canadian friends, will not be violated. 
     Environmental benefits for fish and wildlife resources are 
     also included. The project is already referred to as a model 
     for wildlife mitigation and enhancement. This legislation 
     will further that reputation. Finally, this legislation 
     reduces the overall cost of the authorized project features 
     while providing for return on the existing investment.
       I will submit this legislation to the Garrison Diversion 
     Conservancy District's full board at their next meeting, with 
     a strong recommendation that they adopt a resolution in 
     support of its passage.
           Sincerely,
                                               Warrren L. Jamison,
                                                          Manager.


     
                                                                    ____
North Dakota Chapter of the Wildlife Society, Statement Concerning the 
      November 7, 1997 Proposed Amendments to Garrison Diversion 
                       Reformulation Act of 1986

       The North Dakota Chapter of The Wildlife Society supports 
     the proposed amendments to Garrison Diversion Reformulation 
     Act as described in the November 7, 1997 Discussion Draft. We 
     strongly believe the cooperative effort with the 
     Congressional Delegation and North Dakota's state political 
     leaders has strengthened the bill. Throughout this effort we 
     have sought to develop legislation that benefits North 
     Dakotans through water development and minimizes potential 
     impacts to our state's natural resources.
       Modification of the 1986 Reformulation Act will benefit 
     substantially more North Dakotans by emphasizing municipal, 
     rural, and industrial water needs of the State. The November 
     6, 1997 additions also place an equal emphasis on recognition 
     of the enhancement of fish and wildlife habitat and other 
     natural resources as a full project feature. We are pleased 
     to see the designation of Lonetree as a wildlife conservation 
     area. This change is consistent with the recognition of 
     natural resource conservation as a project feature that 
     benefits North Dakota and the State's economy.
       We are also encouraged by the addition of funds and the 
     increased opportunities for natural resource conservation in 
     North Dakota presented by the evolution of the Wetlands Trust 
     into the new Natural Resources Trust. We believe the 
     establishment of an account within the Natural Resources 
     Trust to operate and maintain wildlife development areas will 
     benefit wildlife resources in the state. This will ensure the 
     stated commitments of the project are met in the future.
       The findings of the Environmental Impact Statement written 
     by the Bureau of Reclamation will provide a framework for a 
     project which minimizes impacts to North Dakota's natural 
     resources and provides for opportunities to meet the 
     comprehensive water needs of eastern North Dakota. We will 
     gladly be a full participant in this process to help ensure 
     that the water needs of Fargo. Grand Forks, and neighboring 
     communities are met in an environmentally sound cost 
     effective manner.
       Our involvement in this legislation has not ended. We look 
     forward to working with all parties involved to develop the 
     corresponding report language to captures all paints of 
     agreement. Full involvement by all interested parties has 
     produced a final bill that North Dakotans can embrace. We 
     welcome the opportunity to cooperatively work on this and 
     other issues effecting North Dakota's natural resource 
     heritage.


     
                                                                    ____
                                          City of Grand Forks,

                                Grand Forks, ND, November 7, 1997.
     Congressman Earl Pomeroy,
     Washington DC.
       Dear Congressman Pomeroy: My staff and I have reviewed the 
     ``November 7, 1997 Discussion Draft Proposed Amendments to 
     Garrison Diversion Reformulation Act of 1986.'' I strongly 
     support the approach taken of implementing a comprehensive 
     package that will benefit the state of North Dakota.
       I acknowledge and support delivery of water to eastern 
     North Dakota and top water management priority for continued 
     economic growth. It is essential that the necessary measure 
     are taken to assure that the City of Grand Forks and all of 
     eastern North Dakota receives a reliable drinking water 
     source for the future.
       Thank you for your hard work to introduce these amendments.
           Sincerely,
                                                Patricia A. Owens,
                                                            Mayor.


     
                                                                    ____
                                                    City of Fargo,


                                          Office of the Mayor,

                                      Fargo, ND, November 7, 1997.
     Hon. Earl Pomeroy,
     House of Representatives, Washington DC.
       Dear Congressman Pomeroy: The latest draft amendments to 
     the Garrison Diversion Reformulation Act of 1986 have been 
     received and reviewed by Fargo staff and elected officials. 
     We are very supportive of the proposed language.
       As the State's largest City which continues to have a 
     population growth of nearly 2% per year--this rate of 
     increase has sustained for over 20 years--the need for an 
     adequate, reliable and quality source of water is key to our 
     future. The City has just completed construction of a state 
     of the art water treatment facility having the capabilities 
     of addressing all current and anticipated safe

[[Page E2322]]

     drinking water standards well into the 21st Century. While 
     this facility is on line and treating water from the Red 
     River of the North and the Sheyenne River, it will be of 
     little use if water is not available in either of these water 
     sources.
       History bears out the fact that the lack of water in these 
     rivers is a real possibility--In the 1930's low flow 
     conditions prevented the use of water from the Red River for 
     seven straight years. As late as 1975, severe rationing of 
     water in Fargo was caused by low flows in the Red River.
       The introduction of new legislation to continue the 
     Garrison Diversion effort is very timely. The modifications 
     to the established legislation will greatly enhance Fargo's 
     and eastern North Dakota's potential as a growth area--for 
     population, economic and agricultural purposes--in the 
     Midwest.
       Your continued support and work on this very important 
     legislation is needed and appreciated. If we can do anything 
     to further this legislative effort, please call on me.
           Sincerely,
                                                 Bruce W. Furness,
                                                            Mayor.


     
                                                                    ____
                                             Turtle Mountain, Band


                                          of Chippewa Indians,

                                   Belcourt, ND, November 7, 1997.
     Hon. Byron Dorgan,
     U.S. Senate,
     Washington, DC.
     Hon. Kent Conrad,
     U.S. Senate,
     Washington, DC.
       Dear Senator: The Turtle Mountain Band of Chippewa Indians 
     approve the efforts of our congressional representatives in 
     your effort with regard to the ``Dakota Water Resources 
     Act''. We know how hard this type of legislation is to get 
     bipartisan agreement and feel your efforts have been 
     exceptional.
       We of the Turtle Mountain Band of Chippewa Indians 
     appreciate being invited to the October 27th, 1997 hearing on 
     the Draft Garrison Amendments. We feel that the hearings were 
     very productive and appreciate the cooperation and courtesies 
     extended to the tribes of North Dakota.
       We have reviewed the total ``discussion draft'' dated 
     November 5, 1997 as was sent to us.
       1. We feel this draft is well put together and generally 
     portrays the feeling of the majority of attendees at the 
     table. The Tribes of North Dakota agreed on the breakdown of 
     the Native American authorizations and find them as was 
     discussed.
       2. We note that you have taken some of the suggestions put 
     forth in Russell D. Mason, Sr. Letter dated October 27, 1997 
     handed out at the hearings.
       3. We note that in section 7(c) you have made specific 
     reference to the Trenton Indian Service Area in the Turtle 
     Mountain allocation and are pleased with that thought.
       4. In the section 7(c) page 14 line 22, you have included 
     ``along with adjacent areas''.
       The Turtle Mountain Band of Chippewa Indians feel this 
     document is put together in the spirit of cooperation with 
     the entities involved and look forward to doing whatever the 
     Tribe can do to support the passage of this legislation. 
     Please contact myself or Ken Loveland at any time if we can 
     assist your efforts toward final passage of the Dakota Water 
     Resources Act.
           Respectfully yours,
                                              Raphael J. DeCoteau.


     
                                                                    ____
                                            Spirit Lake Tribe,

                                Fort Totten, ND, November 7, 1997.
     Hon. Earl Pomeroy,
     Washington, DC.
       Dear Mr. Pomeroy: The Spirit Lake Tribal Council has 
     reviewed, and approves of the introduction of proposed 
     Amendments to Garrison Diversion Reformation Act of 1986.
       If you should need further assistance, please call my 
     office at (701) 766-1226.
           Sincerely,
                                                     Myra Pearson,
                                                         Chairman.


     
                                                                    ____
                                                North Dakota Water


                                            Users Association,

                                   Bismarck, ND, November 7, 1997.
     Memo to: Governor Edward Schafer, Senator Kent Conrad, 
       Senator Byron Dorgan, Rep. Earl Pomeroy, Senator Gary 
       Nelson, Senator Tim Mathern, Rep. John Dorso, Rep. Merle 
       Boucher
     Re Garrison Amendments.
       We would like to thank you for your considerable effort to 
     achieve consensus on a proposal to further the Garrison 
     project and meet the critical water needs of North Dakota. We 
     sense there is a unity we have not had before among state 
     water users, state wildlife interests, Tribes, power 
     customers and others on how we should proceed in proposing to 
     complete Garrison Diversion water supply facilities.
       We fully support the amendments that have been developed to 
     enable the 1986 Reformulation Act to be modified and 
     implemented. While the amendments eliminate most of the 
     irrigation opportunities provided in the 1965 and 1986 Acts, 
     we will vigorously support the current proposal in the spirit 
     of compromise with the many competing interests in this 
     project, and with the belief that the proposal will meet the 
     critical water needs of our state, including the opportunity 
     to utilize the existing facilities to provide Missouri River 
     water to meet the water needs of the Red River Valley.
       We look forward to working with you and the Tribes, state 
     wildlife interests, cities, rural water systems, other water 
     users, power customers and others to secure approval and 
     implementation of the prosed amendments.
     Mike Dwyer,
                                         Executive Vice President.
     Jack Olin,
                                                        President.


     
                                                                    ____
                                      North Dakota Water Resources


                                        Districts Association,

                                   Bismarck, ND, November 7, 1997.
     Governor Edward Schafer,
     State Capitol, Bismarck, ND.
     Senator Kent Conrad,
     Washington, DC.
     Senator Byron Dorgan,
     Washington, DC.
     Rep. Earl Pomeroy,
     Washington, DC.
     Senator Gary Nelson,
     Casselton, ND.
     Senator Tim Mathern,
     Fargo, ND.
     Rep. John Dorso,
     Fargo, ND.
     Rep. Merle Boucher,
     Rolette, ND.
       Dear Gentlemen: The North Dakota Water Resource Districts 
     Association strongly supports the proposal to amend the 1986 
     Reformulation Act and complete the Garrison Diversion water 
     facilities.
       The proposal you have jointly and cooperatively developed 
     will finish a project that has languished far too long and is 
     critical to the future well-being of our state.
       Your efforts to achieve consensus are greatly appreciated. 
     Feel free to call on us to provide necessary support and 
     assistance.
           Sincerley,
                                                      Atden Haner,
                                                         Chairman.


     
                                                                    ____
                                    Standing Rock Sioux Tribe,

                                                 November 7, 1997.
     Hon. Earl Pomeroy,
     Washington, DC.
       Dear Congressman Pomeroy: The Standing Rock Sioux Tribe is 
     in full support of the amendments to the Garrison 
     Reformulation Act of 1986.
       The Tribe especially appreciates the inclusion of the 
     irrigation issues for the Standing Rock reservation and the 
     $200 million requested for water systems on the reservation.
       The Tribe hereby acknowledges the efforts of all our 
     representatives in Congress and will continue to endorse the 
     North Dakota Congressional delegation with regards to Indian 
     Affairs.
       I was very grateful for the opportunity to represent my 
     tribe by giving testimony on this very important piece of 
     legislation. I look forward to a continued effort on both our 
     parts to ensure the very best for our State and my Tribe.
           Sincerely,
                                                Charles W. Murphy,
                              Chairman, Standing Rock Sioux Tribe.