[Congressional Record Volume 144, Number 139 (Wednesday, October 7, 1998)]
[Senate]
[Pages S11825-S11828]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             PERKINS COUNTY RURAL WATER SYSTEM ACT OF 1988

  The Senate proceeded to consider the bill (S. 2117) to authorize the 
construction of the Perkins County Rural Water System and authorize 
financial assistance to the Perkins County Rural Water System, Inc., a 
nonprofit corporation, in the planning and construction of the water 
supply system, and for other purposes, which had been reported from the 
Committee on Energy and Natural Resources, with amendments, as follows:

[[Page S11826]]

  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

                                S. 2117

       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 ``Perkins County Rural Water 
     System Act of 1997''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) there are insufficient water supplies of reasonable 
     quality available to the members of the Perkins County Rural 
     Water System located in Perkins County, South Dakota, and the 
     water supplies that are available do not meet minimum health 
     and safety standards, thereby posing a threat to public 
     health and safety;
       (2) in 1977, the North Dakota State Legislature authorized 
     and directed the State Water Commission to conduct the 
     Southwest Area Water Supply Study, which included water 
     service to a portion of Perkins County, South Dakota;
       (3) amendments made by the Garrison Diversion Unit 
     Reformulation Act of 1986 (Public Law 101-294) authorized the 
     Southwest Pipeline project as an eligible project for Federal 
     cost share participation;
       (4) the Perkins County Rural Water System has continued to 
     be recognized by the State of North Dakota, the Southwest 
     Water Authority, the North Dakota Water Commission, the 
     Department of the Interior, and Congress as a component of 
     the Southwest Pipeline Project; and
       (5) the best available, reliable, and safe rural and 
     municipal water supply to serve the needs of the Perkins 
     County Rural Water System, Inc., members is the waters of the 
     Missouri River as delivered by the Southwest Pipeline Project 
     in North Dakota.
       (b) Purposes.--The purposes of this Act are--
       (1) to ensure a safe and adequate municipal, rural, and 
     industrial water supply for the members of the Perkins County 
     Rural Water Supply System, Inc., in Perkins County, South 
     Dakota;
       (2) to assist the members of the Perkins County Rural Water 
     Supply System, Inc., in developing safe and adequate 
     municipal, rural, and industrial water supplies; and
       (3) to promote the implementation of water conservation 
     programs by the Perkins County Rural Water System, Inc.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Feasibility study.--The term ``feasibility study'' 
     means the study entitled ``Feasibility Study for Rural Water 
     System for Perkins County Rural Water System, Inc.'', as 
     amended in March 1995.
       (2) Project construction budget.--The term ``project 
     construction budget'' means the description of the total 
     amount of funds that are needed for the construction of the 
     water supply system, as described in the feasibility study.
       (3) Pumping and incidental operational requirements.--The 
     term ``pumping and incidental operational requirements'' 
     means all power requirements that are incidental to the 
     operation of intake facilities, pumping stations, water 
     treatment facilities, cooling facilities, reservoirs, and 
     pipelines to the point of delivery of water by the Perkins 
     County Rural Water System to each entity that distributes 
     water at retail to individual users.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of the 
     Bureau of Reclamation.
       (5) Water supply system.--The term ``water supply system'' 
     means the Perkins County Rural Water System, Inc., a 
     nonprofit corporation, established and operated substantially 
     in accordance with the feasibility study.

     SEC. 4. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.

       (a) In General.--The Secretary shall make grants to the 
     water supply system for the Federal share of the costs of--
       (1) the planning and construction of the water supply 
     system; and
       (2) repairs to existing public water distribution systems 
     to ensure conservation of the resources and to make the 
     systems functional under the new water supply system.
       (b) Service Area.--The water supply system shall provide 
     for safe and adequate municipal, rural, and industrial water 
     supplies, mitigation of wetlands areas, repairs to existing 
     public water distribution systems, and water conservation in 
     Perkins County, South Dakota.
       (c) Amount of Grants.--Grants made available under 
     subsection (a) to the water supply system shall not exceed 
     the Federal share under section 10.
       (d) Limitation on Availability of Construction Funds.--The 
     Secretary shall not obligate funds for the construction of 
     the water supply system until--
       (1) the requirements of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect to 
     the water supply [system;] system; and
       (2) a final engineering report has been prepared and 
     submitted to Congress for a period of not less than 90 days 
     before the commencement of construction of the [system; and] 
     system.
       [(3) the water supply system has developed and implemented 
     a water conservation program.

     [SEC. 5. WATER CONSERVATION PROGRAM.

       [(a) Purpose.--The water conservation program under section 
     4(d)(3) shall be designed to ensure that users of water from 
     the water supply system will use the best practicable 
     technology and management techniques to conserve water use.
       [(b) Description.--The water conservation program shall 
     include--
       [(1) low consumption performance standards for all newly 
     installed plumbing fixtures;
       [(2) leak detection and repair programs;
       [(3) rate structures that do not include declining block 
     rate schedules for municipal households or special water 
     users (as defined in the feasibility study);
       [(4) public education programs;
       [(5) coordinated operation and maintenance (including 
     necessary repairs to ensure minimal water losses) by and 
     between the water supply system and any member of the system 
     that is a preexisting water supply facility within the 
     service area of the system; and
       [(6) coordinated operation between the Southwest Pipeline 
     Project of North Dakota and the Perkins County Rural Water 
     System, Inc., of South Dakota.
       [(c) Review and Revision.--The program described in 
     subsection (b) shall contain provisions for periodic review 
     and revision, in cooperation with the Secretary.]

     SEC. [6.] 5. MITIGATION OF FISH AND WILDLIFE LOSSES.

       Mitigation of fish and wildlife losses incurred as a result 
     of the construction and operation of the water supply system 
     shall be on an acre-for-acre basis, based on ecological 
     equivalency, concurrent with project construction, as 
     provided in the feasibility study.

     SEC. [7.] 6. USE OF PICK-SLOAN POWER.

       (a) In General.--From power designated for future 
     irrigation and drainage pumping for the Pick-Sloan Missouri 
     River Basin Program, the Western Area Power Administration 
     shall make available the capacity and energy required to meet 
     the pumping and incidental operational requirements of the 
     water supply system during the period beginning May 1 and 
     ending October 31 of each year.
       (b) Conditions.--The capacity and energy described in 
     subsection (a) shall be made available on the following 
     conditions:
       (1) The water supply system shall be operated on a not-for-
     profit basis.
       (2) The water supply system shall contract to purchase its 
     entire electric service requirements, including the capacity 
     and energy made available under subsection (a), from a 
     qualified preference power supplier that itself purchases 
     power from the Western Area Power Administration.
       (3) The rate schedule applicable to the capacity and energy 
     made available under subsection (a) shall be the firm power 
     rate schedule of the Pick-Sloan Eastern Division of the 
     Western Area Power Administration in effect when the power is 
     delivered by the Administration.
       (4) It shall be agreed by contract among--
       (A) the Western Area Power Administration;
       (B) the power supplier with which the water supply system 
     contracts under paragraph (2);
       (C) the power supplier of the entity described in 
     subparagraph (B); and
       (D) the Perkins County Rural Water System, Inc.;

     that in the case of the capacity and energy made available 
     under subsection (a), the benefit of the rate schedule 
     described in paragraph (3) shall be passed through to the 
     water supply system, except that the power supplier of the 
     water supply system shall not be precluded from including, in 
     the charges of the supplier to the water system for the 
     electric service, the other usual and customary charges of 
     the supplier.

     SEC. [8.] 7. NO LIMITATION ON WATER PROJECTS IN STATES.

       This Act does not limit the authorization for water 
     projects in South Dakota and North Dakota under law in effect 
     on or after the date of enactment of this Act.

     SEC. [9.] 8. WATER RIGHTS.

       Nothing in this Act--
       (1) invalidates or preempts State water law or an 
     interstate compact governing water;
       (2) alters the rights of any State to any appropriated 
     share of the waters of any body of surface or ground water, 
     whether determined by past or future interstate compacts or 
     by past or future legislative or final judicial allocations;
       (3) preempts or modifies any Federal or State law, or 
     interstate compact, dealing with water quality or disposal; 
     or
       (4) confers on any non-Federal entity the ability to 
     exercise any Federal right to the waters of any stream or to 
     any ground water resource.

     SEC. [10.] 9. FEDERAL SHARE.

       The Federal share under section 4 shall be 75 percent of--
       (1) the amount allocated in the total project construction 
     budget for the planning and construction of the water supply 
     system under section 4; and
       (2) such sums as are necessary to defray increases in 
     development costs reflected in appropriate engineering cost 
     indices after March 1, 1995.

     SEC. [11.] 10. NON-FEDERAL SHARE.

       The non-Federal share under section 4 shall be 25 percent 
     of--
       (1) the amount allocated in the total project construction 
     budget for the planning and construction of the water supply 
     system under section 4; and

[[Page S11827]]

       (2) such sums as are necessary to defray increases in 
     development costs reflected in appropriate engineering cost 
     indices after March 1, 1995.

     SEC. [12.] 11. CONSTRUCTION OVERSIGHT.

       (a) Authorization.--The Secretary may provide construction 
     oversight to the water supply system for areas of the water 
     supply system.
       (b) Project Oversight Administration.--The amount of funds 
     used by the Secretary for planning and construction of the 
     water supply system may not exceed an amount equal to 3 
     percent of the amount provided in the total project 
     construction budget for the portion of the project to be 
     constructed in Perkins County, South Dakota.

     SEC. [13.] 12. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated--
       (1) $15,000,000 for the planning and construction of the 
     water system under section 4; and
       (2) such sums as are necessary to defray increases in 
     development costs reflected in appropriate engineering cost 
     indices after March 1, 1995.

  The amendment (No. 3787) was agreed to, as follows:

                           amendment no. 3787

           (Purpose: To require a water conservation program)

       On page 2, line 3, strike ``1997'' and insert ``1998''.
       On page 6, line 1, strike ``has'' and insert ``and a plan 
     for a water conservation program have''.

  The committee amendments were agreed to.
  The bill (S. 2117), as amended, was considered read the third time 
and passed, as follows:

                                S. 2117

       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 ``Perkins County Rural Water 
     System Act of 1998''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) there are insufficient water supplies of reasonable 
     quality available to the members of the Perkins County Rural 
     Water System located in Perkins County, South Dakota, and the 
     water supplies that are available do not meet minimum health 
     and safety standards, thereby posing a threat to public 
     health and safety;
       (2) in 1977, the North Dakota State Legislature authorized 
     and directed the State Water Commission to conduct the 
     Southwest Area Water Supply Study, which included water 
     service to a portion of Perkins County, South Dakota;
       (3) amendments made by the Garrison Diversion Unit 
     Reformulation Act of 1986 (Public Law 101-294) authorized the 
     Southwest Pipeline project as an eligible project for Federal 
     cost share participation;
       (4) the Perkins County Rural Water System has continued to 
     be recognized by the State of North Dakota, the Southwest 
     Water Authority, the North Dakota Water Commission, the 
     Department of the Interior, and Congress as a component of 
     the Southwest Pipeline Project; and
       (5) the best available, reliable, and safe rural and 
     municipal water supply to serve the needs of the Perkins 
     County Rural Water System, Inc., members is the waters of the 
     Missouri River as delivered by the Southwest Pipeline Project 
     in North Dakota.
       (b) Purposes.--The purposes of this Act are--
       (1) to ensure a safe and adequate municipal, rural, and 
     industrial water supply for the members of the Perkins County 
     Rural Water Supply System, Inc., in Perkins County, South 
     Dakota;
       (2) to assist the members of the Perkins County Rural Water 
     Supply System, Inc., in developing safe and adequate 
     municipal, rural, and industrial water supplies; and
       (3) to promote the implementation of water conservation 
     programs by the Perkins County Rural Water System, Inc.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Feasibility study.--The term ``feasibility study'' 
     means the study entitled ``Feasibility Study for Rural Water 
     System for Perkins County Rural Water System, Inc.'', as 
     amended in March 1995.
       (2) Project construction budget.--The term ``project 
     construction budget'' means the description of the total 
     amount of funds that are needed for the construction of the 
     water supply system, as described in the feasibility study.
       (3) Pumping and incidental operational requirements.--The 
     term ``pumping and incidental operational requirements'' 
     means all power requirements that are incidental to the 
     operation of intake facilities, pumping stations, water 
     treatment facilities, cooling facilities, reservoirs, and 
     pipelines to the point of delivery of water by the Perkins 
     County Rural Water System to each entity that distributes 
     water at retail to individual users.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of the 
     Bureau of Reclamation.
       (5) Water supply system.--The term ``water supply system'' 
     means the Perkins County Rural Water System, Inc., a 
     nonprofit corporation, established and operated substantially 
     in accordance with the feasibility study.

     SEC. 4. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.

       (a) In General.--The Secretary shall make grants to the 
     water supply system for the Federal share of the costs of--
       (1) the planning and construction of the water supply 
     system; and
       (2) repairs to existing public water distribution systems 
     to ensure conservation of the resources and to make the 
     systems functional under the new water supply system.
       (b) Service Area.--The water supply system shall provide 
     for safe and adequate municipal, rural, and industrial water 
     supplies, mitigation of wetlands areas, repairs to existing 
     public water distribution systems, and water conservation in 
     Perkins County, South Dakota.
       (c) Amount of Grants.--Grants made available under 
     subsection (a) to the water supply system shall not exceed 
     the Federal share under section 10.
       (d) Limitation on Availability of Construction Funds.--The 
     Secretary shall not obligate funds for the construction of 
     the water supply system until--
       (1) the requirements of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect to 
     the water supply system; and
       (2) a final engineering report and a plan for a water 
     conservation program have been prepared and submitted to 
     Congress for a period of not less than 90 days before the 
     commencement of construction of the system.

     SEC. 5. MITIGATION OF FISH AND WILDLIFE LOSSES.

       Mitigation of fish and wildlife losses incurred as a result 
     of the construction and operation of the water supply system 
     shall be on an acre-for-acre basis, based on ecological 
     equivalency, concurrent with project construction, as 
     provided in the feasibility study.

     SEC. 6. USE OF PICK-SLOAN POWER.

       (a) In General.--From power designated for future 
     irrigation and drainage pumping for the Pick-Sloan Missouri 
     River Basin Program, the Western Area Power Administration 
     shall make available the capacity and energy required to meet 
     the pumping and incidental operational requirements of the 
     water supply system during the period beginning May 1 and 
     ending October 31 of each year.
       (b) Conditions.--The capacity and energy described in 
     subsection (a) shall be made available on the following 
     conditions:
       (1) The water supply system shall be operated on a not-for-
     profit basis.
       (2) The water supply system shall contract to purchase its 
     entire electric service requirements, including the capacity 
     and energy made available under subsection (a), from a 
     qualified preference power supplier that itself purchases 
     power from the Western Area Power Administration.
       (3) The rate schedule applicable to the capacity and energy 
     made available under subsection (a) shall be the firm power 
     rate schedule of the Pick-Sloan Eastern Division of the 
     Western Area Power Administration in effect when the power is 
     delivered by the Administration.
       (4) It shall be agreed by contract among--
       (A) the Western Area Power Administration;
       (B) the power supplier with which the water supply system 
     contracts under paragraph (2);
       (C) the power supplier of the entity described in 
     subparagraph (B); and
       (D) the Perkins County Rural Water System, Inc.;

     that in the case of the capacity and energy made available 
     under subsection (a), the benefit of the rate schedule 
     described in paragraph (3) shall be passed through to the 
     water supply system, except that the power supplier of the 
     water supply system shall not be precluded from including, in 
     the charges of the supplier to the water system for the 
     electric service, the other usual and customary charges of 
     the supplier.

     SEC. 7. NO LIMITATION ON WATER PROJECTS IN STATES.

       This Act does not limit the authorization for water 
     projects in South Dakota and North Dakota under law in effect 
     on or after the date of enactment of this Act.

     SEC. 8. WATER RIGHTS.

       Nothing in this Act--
       (1) invalidates or preempts State water law or an 
     interstate compact governing water;
       (2) alters the rights of any State to any appropriated 
     share of the waters of any body of surface or ground water, 
     whether determined by past or future interstate compacts or 
     by past or future legislative or final judicial allocations;
       (3) preempts or modifies any Federal or State law, or 
     interstate compact, dealing with water quality or disposal; 
     or
       (4) confers on any non-Federal entity the ability to 
     exercise any Federal right to the waters of any stream or to 
     any ground water resource.

     SEC. 9. FEDERAL SHARE.

       The Federal share under section 4 shall be 75 percent of--
       (1) the amount allocated in the total project construction 
     budget for the planning and construction of the water supply 
     system under section 4; and
       (2) such sums as are necessary to defray increases in 
     development costs reflected in appropriate engineering cost 
     indices after March 1, 1995.

[[Page S11828]]

     SEC. 10. NON-FEDERAL SHARE.

       The non-Federal share under section 4 shall be 25 percent 
     of--
       (1) the amount allocated in the total project construction 
     budget for the planning and construction of the water supply 
     system under section 4; and
       (2) such sums as are necessary to defray increases in 
     development costs reflected in appropriate engineering cost 
     indices after March 1, 1995.

     SEC. 11. CONSTRUCTION OVERSIGHT.

       (a) Authorization.--The Secretary may provide construction 
     oversight to the water supply system for areas of the water 
     supply system.
       (b) Project Oversight Administration.--The amount of funds 
     used by the Secretary for planning and construction of the 
     water supply system may not exceed an amount equal to 3 
     percent of the amount provided in the total project 
     construction budget for the portion of the project to be 
     constructed in Perkins County, South Dakota.

     SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated--
       (1) $15,000,000 for the planning and construction of the 
     water system under section 4; and
       (2) such sums as are necessary to defray increases in 
     development costs reflected in appropriate engineering cost 
     indices after March 1, 1995.

                          ____________________