[Congressional Record Volume 145, Number 50 (Tuesday, April 13, 1999)]
[Senate]
[Pages S3636-S3637]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CONRAD (for himself and Mr. Dorgan):
  S. 769. A bill to provide a final settlement on certain debt owed by 
the city of Dickinson, ND, for the construction of the bascule gates on 
the Dickinson Dam; to the Committee on Energy and Natural Resources.


         the dickinson dam bascule gates settlement act of 1999

  Mr. CONRAD. Mr. President, I rise today to introduce the Dickinson 
Dam Bascule Gates Settlement Act of 1999 and I am pleased that my 
colleague from North Dakota, Senator Dorgan, is an original cosponsor 
of the bill. This legislation would permit the Secretary of the 
Interior to accept a one-time, lump-sum payment for the city of 
Dickinson, ND, in lieu of the annual payments required under the city's 
existing repayment contract for construction of the ``bascule gates'' 
on the Dickinson Dam on the Heart River. This bill would resolve a 
long-standing issue for the city of Dickinson and the Bureau of 
Reclamation. The Dickinson Dam Bascule Gates Settlement Act is nearly 
identical to a bill I introduced last June, and it is my hope that the 
Senate will quickly consider and pass this important piece of 
legislation.
  Mr. President, the history of the bascule gates is long and complex. 
The Bureau of Reclamation constructed the Dickinson Dam on the Heart 
River in 1949 and 1950 to supply water to the city of Dickinson, and 
for flood control, recreation, and other purposes. The reservoir 
created by this dam was named Patterson Lake in about 1960.
  The need for additional water supply for the city was identified in 
the early 1970's, and the bascule gates were constructed in the early 
1980's, to provide additional water storage capacity in Lake Patterson. 
At the time, the city expressed reservations over the cost of the 
bascule gates and the viability of the gates, since the city was not 
aware of any other location in a northern climate in which the gates 
had been tested or proven. In 1982, shortly after the gates were 
operational, a large ice block caused excessive pressure on the 
hydraulic system, causing it to fail. Construction modifications were 
made to the gate hydraulic system and a de-icing system were added in 
1982, adding further costs to the project.
  In 1991, the city began to receive its municipal water supply from 
the Southwest Pipeline Project, a project constructed in part with 
funds provided for North Dakota's statewide water project, the Garrison 
Diversion project, which is another Bureau of Reclamation project. The 
Southwest Pipeline brings high-quality water from Lake Sakakawea on the 
Missouri River to the city of Dickinson and other communities in 
southwest North Dakota. The water is of much higher quality that the 
water from the city's previous supply from Lake Patterson, and has 
helped spur economic development in the region. While the citizens of 
the area now benefit from a higher quality water supply, the city no 
longer benefits from the additional water supply provided by the 
bascule gates. The result is the city is paying for two Bureau of 
Reclamation projects, while it is using water from only one of those 
projects for its municipal water supply. The city has repaid more than 
$1.2 million to the United States for the bascule gates, despite the 
fact that the gates now provide almost no direct benefit to the city.
  The city has previously investigated alternatives to the current 
situation. The city has discussed the option of assuming title to the 
dam and bascule gates, as well as attempting to negotiate a new 
agreement with the Bureau of Reclamation administratively. However, 
because the terms of the existing contract are outlined statutorily, 
new legislation is required to make any changes to the current 
repayment contract.

  The legislation I am introducing today would do three primary things. 
First, it would permit the Interior Secretary to accept a lump-sum 
payment of $300,000 from the city and terminate the remaining annual 
payments required under the existing repayment contract. This is an 
increase from last year's legislation, which called for a $150,000 
final settlement. Enacting this legislation would end the issue of 
paying for the construction of these gates for both the city and the 
Federal government.
  Second, my bill would require the Secretary to reallocate the costs 
of operation and maintenance for the bascule gates and the Dickinson 
Dam. The bill does not prescribe any particular reallocation formula, 
but does require the Secretary to consider the fact that the current 
benefits of the dam and bascule gates are primarily for flood control, 
recreation, and fish and wildlife purposes. In my view, operation and 
maintenance costs should be borne by those who benefit from a 
particular project.
  Finally, my bill would permit the Secretary to enter any appropriate 
water service contracts in the future if the city or any other entity 
uses water from Patterson Lake for municipal water supply or for other 
purposes. It is only fair that if the city benefits in the future from 
the water stored behind the bascule gates that we preserve an option 
for recovering additional costs from those beneficiaries.
  Mr. President, this legislation represents a win-win situation for 
the residents of the Dickinson area and for the Federal Government. I 
hope this Congress will carefully study this issue and quickly pass 
this important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 769

       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 ``Dickinson Dam Bascule Gates 
     Settlement Act of 1999''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) in 1980 and 1981, the Bureau of Reclamation constructed 
     the bascule gates on top of the Dickinson Dam on the Heart 
     River, North Dakota, to provide additional water supply in 
     the reservoir known as Patterson Lake for the city of 
     Dickinson, North Dakota, and for additional flood control and 
     other benefits;
       (2) the gates had to be significantly modified in 1982 
     because of damage resulting from a large ice block causing 
     excessive pressure on the hydraulic system, causing the 
     system to fail;
       (3) since 1991, the City has received its water supply from 
     the Southwest Water Authority, which provides much higher 
     quality water from the Southwest Pipeline Project;
       (4) the City now receives almost no benefit from the 
     bascule gates because the City does not require the 
     additional water provided by the bascule gates for its 
     municipal water supply;
       (5) the City has repaid more than $1,200,000 to the United 
     States for the construction of the bascule gates, and has 
     been working for several years to reach an agreement with the 
     Bureau of Reclamation to alter its repayment contract;
       (6) the City has a longstanding commitment to improving the 
     water quality and recreation value of the reservoir and has 
     been working with the United States Geological Survey, the 
     North Dakota Department of Game and Fish, and the North 
     Dakota Department of Health to improve water quality; and
       (7) it is in the public interest to resolve this issue by 
     providing for a single payment to the United States in lieu 
     of the scheduled annual payments and for the termination of 
     any further repayment obligation.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Bascule gates.--The term ``bascule gates'' means the 
     structure constructed on the Dam to provide additional water 
     storage capacity in the Lake.
       (2) City.--The term ``City'' means the city of Dickinson, 
     North Dakota.
       (3) Dam.--The term ``Dam'' means Dickinson Dam on the Heart 
     River, North Dakota.
       (4) Lake.--The term ``Lake'' means the reservoir known as 
     ``Patterson Lake'' in the State of North Dakota.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of the 
     Bureau of Reclamation.

     SEC. 4. FORGIVENESS OF DEBT.

       (a) In General.--The Secretary shall accept a 1-time 
     payment of $300,000 in lieu of the existing repayment 
     obligations of the City under the Bureau of Reclamation 
     Contract No. 9-07-60W0384, dated December 19, 1988, toward 
     which amount any payments

[[Page S3637]]

     made by the City to the Secretary on or after June 2, 1998, 
     shall be credited.
       (b) Ownership.--Title to the Dam and bascule gates shall 
     remain with the United States.
       (c) Costs.--
       (1) In general.--In consultation with the City and the 
     State of North Dakota, the Secretary shall reallocate 
     responsibility for the operation and maintenance costs of the 
     Dam and bascule gates.
       (2) Consideration of benefits.--The reallocation of costs 
     shall reflect the fact that the benefits of the Dam and 
     bascule gates are mainly for flood control, recreation, and 
     fish and wildlife purposes.
       (d) Water Service Contracts.--The Secretary may enter into 
     appropriate water service contracts if the City or any other 
     person or entity seeks to use water from the Lake for 
     municipal water supply or other purposes.

  Mr. DORGAN. Mr. President, I rise to join my colleague from North 
Dakota, Mr. Conrad, in introducing a bill to provide a final settlement 
on certain debts owned by the City of Dickinson, North Dakota, to the 
Bureau of Reclamation. The legislation is virtually identical to that 
introduced during the last Congress.
  The Dickinson Dam Bascule Gates Settlement Act will provide long 
overdue relief to the citizens of Dickinson. Let me briefly explain why 
the debt liquidation is needed and appropriate. For one thing, the 
Bureau of Reclamation built a faulty project. The debt was incurred by 
the City of Dickinson for construction of a dam with gate structures 
which never worked properly. In addition, the need for the dam to help 
provide a reliable local water supply was eclipsed by the construction 
of the Southwest Pipeline, a project of the same Bureau of Reclamation.
  The legislation itself is actually quite simple. It would permit the 
Secretary of the Interior to accept one final payment from the City of 
Dickinson in place of a series of payments now required by city's 
current repayment contract.
  My colleague has described in some detail the complicated and 
frustrating story of the dam and bascule gates project. Let me 
underscore a couple of major points. In 1949 and 1950, the dam was 
constructed to provide an adequate water supply for the City of 
Dickinson, as well as some flood control and recreation. The bascule 
gates were added to augment storage capacity in the reservoir called 
Patterson Lake. Despite the city's concerns about the use of a gate 
structure on the dam, which had not previously been used in a northern 
climate, the gates actually failed in 1982. The ensuing modifications 
increased the cost of the project.
  Another twist in the story is that by 1991 the city no longer needed 
the Patterson Lake water supply. As noted, it began to receive its 
water supply from the Southwest Pipeline. This is a major distribution 
network of the Garrison Diversion Unit, another Bureau of Reclamation 
project. This system provides both higher quality and more reliable 
water supplies than the city's previous supply from Patterson Lake.
  Consequently, it makes no sense for the City of Dickinson to have two 
water supply systems when it needs only one--especially when the first 
system was a faulty one. The city has already repaid more than $1.2 
million for the bascule gates, even though they now provide virtually 
no benefit to the city.
  Last year, I was able to pass an appropriations amendment to provide 
partial relief for the city's debt. Unfortunately, this provision 
stalled in the conference committee. The North Dakota delegation also 
added an amendment for more complete debt relief to a package of water 
management projects, which did not pass in the last days of 1998 
session.
  Thus, we need to provide authority for Dickinson to settle its debt, 
to reallocate costs for operation and maintenance of the bascule gates 
and Dickinson Dam, and to permit the Secretary of the Interior to enter 
into appropriate water service contracts with the city for any 
beneficial use of the water in Patterson Lake. The proposed legislation 
will address those three objectives while also providing a fair 
settlement for the Federal Government and the City of Dickinson.
  I want to commend my colleague from North Dakota for his leadership 
and cooperation in developing a sound solution to this problem. In 
term, I urge my colleagues to consider and pass this needed 
legislation.
                                 ______