[Congressional Record Volume 152, Number 129 (Wednesday, November 15, 2006)]
[Extensions of Remarks]
[Page E2056]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        PACTOLA RESERVOIR REALLOCATION AUTHORIZATION ACT OF 2005

                                 ______
                                 

                               speech of

                         HON. STEPHANIE HERSETH

                            of south dakota

                    in the house of representatives

                      Wednesday, November 15, 2006

  Ms. HERSETH. Mr. Speaker, I rise today in support of S. 819, the 
Pactola Reservoir Reallocation Authorization Act, and its House 
companion H.R. 3967. As has been noted during numerous legislative 
hearings, markups, and previous Floor proceedings, this legislation is 
critical to meet the changing water needs of one of South Dakota's 
largest and fastest growing communities--Rapid City.
  Part of this legislative process has included additional consultation 
with the Bureau of Reclamation, which administers the Pactola Dam and 
Reservoir, and the Ellsworth Air Force Base, one of the most important 
entities to rely on the reservoir's water. Accordingly, I would like to 
submit the following comments to clarify the intent of this 
legislation.
  The Pactola Dam and Reservoir is currently authorized for both 
irrigation and municipal and industrial use with its costs allocated to 
reflect those uses. Over time, municipal and industrial uses have 
increased while irrigation uses have decreased, creating a need to 
reallocate costs better reflecting current usage. When the Secretary of 
the Interior needs to reallocate costs from an existing allocation 
where there are multiple uses to a new allocation with multiple uses in 
different amounts, Congressional approval is required under the 
McGovern Amendment.
  The current language in the Bill under section 3 could be read to 
imply that the Pactola Dam and Reservoir is a single purpose, 
irrigation only project. This interpretation is incorrect as the 
Pactola Dam and Reservoir remain multipurpose projects. Both S. 819 and 
H.R. 3967 simply reallocate costs from an older multi-purpose 
allocation to a new multi-purpose allocation. This is consistent with 
the McGovern Amendment.
  Some additional clarification is also warranted with respect to the 
needs of the Ellsworth Air Force Base. As already stated, this 
legislation allocates additional costs to the municipal and industrial 
component of the Pactola Reservoir effectively making available 
additional water for municipal and industrial use. It is anticipated 
that Rapid City, South Dakota will contract for much of this 
allocation. Nothing in the legislation should be construed to change in 
any way the Bureau of Reclamation's and Rapid City's existing 
obligations to the Ellsworth Air Force Base.
  The definite plan report for this project prepared by the Bureau of 
Reclamation dated June 1952 makes it clear that the Air Force would 
contribute its share of the capital cost of the project in advance. The 
Air Force Appropriation for the year 1954 included funds to cover the 
Air Force share of the project. Accordingly, the Air Force has fully 
paid its capital contribution and remains entitled to its share of the 
water without paying additional capital cost. Ellsworth Air Force Base 
currently has an allocation of 1810 acre-feet per year of water from 
the project. The Air Force is required to pay only the reasonable cost 
of transporting, and if appropriate, treating the water it uses. 
Nothing in this legislation is intended to affect the Bureau of 
Reclamation's obligation to make that water available to Ellsworth, and 
nothing is intended to suggest in any way that the Air Force Base 
should pay more than the reasonable cost of treating and transporting 
the water.

  In entering revised contracts with Rapid City, the Bureau of 
Reclamation is expected to ensure that Rapid City provides the delivery 
of water to the Air Force Base at no more than the reasonable cost of 
treating and transporting the water.
  This legislation is not intended to limit in any way the Air Force's 
ability to make an arrangement with a party other than Rapid City for 
the delivery of its allocation of water from Pactola Reservoir. There 
may be private parties or others who are able to build a pipeline for 
water delivery at lower cost than using Rapid City's distribution 
system. Making such arrangements is not inconsistent with this 
legislation or the definite plan report.
  Although Rapid City's increased demand for water is a key 
consideration supporting this legislation, Ellsworth Air Force Base may 
also be obtaining an additional allocation of water in the event that 
the Air Force directs new mission to Ellsworth or reconfigures 
Ellsworth's existing mission in such a way that it needs additional 
water beyond the amount it has already been allotted. It is Congress' 
intent that water from Pactola Reservoir is provided at no more than 
the reasonable cost of treating and transporting the water without 
regard to the number of missions at Ellsworth Air Force Base.
  With these clarifications in mind, I urge my colleagues to support 
this important legislation. I have appreciated the opportunity to 
advance this legislation on the House Resources Committee and would 
like to thank the Chairman and Ranking Member for their support.

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