[Congressional Record Volume 163, Number 49 (Tuesday, March 21, 2017)]
[Senate]
[Pages S1893-S1895]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. DAINES (for himself and Mr. Tester):
S. 685. A bill to authorize the Dry-Redwater Regional Water Authority
System and the Musselshell-Judith Rural Water System in the States of
Montana and North Dakota, and for other purposes; to the Committee on
Energy and Natural Resources.
Mr. DAINES. Mr. President, water is a basic foundation of life. In
Montana, we depend on a steady supply of water to drink, irrigate our
crops, water our livestock, and provide energy through hydropower.
Water is a precious resource, and there are still rural communities
that face barriers to access and are in dire need of clean drinking
water. The struggle for water continues to create health challenges for
Indian Country and nearby communities, in addition to making economic
development more difficult.
There are approximately 35,000 Americans across 12 counties in both
Montana and North Dakota whose existing public water supply systems are
unable to provide them with water that meets the requirements of the
Safe Drinking Water Act.
The Bureau of Reclamation plays a critical role in managing the
storage and delivery of water in the Western United States. Some of the
earliest water projects built by the Bureau were built in Montana.
These projects provided critical infrastructure for Montana
homesteaders and were of critical importance to the long-term growth of
our State. They are still vital today.
That is why I am introducing the Clean Water for Rural Communities
Act. This legislation would authorize the Bureau of Reclamation to
provide Federal assistance for the planning, design, and construction
of the Dry-Redwater Regional Water Authority System and the
Musselshell-Judith Rural Water System in Montana and North Dakota. The
Dry-Redwater and Musselshell-Judith rural water projects have spent 7
and 11 years, respectively, in deliberation with the Bureau, as well as
$4 million and $3 million in State, local, and Federal funding. It is
critical we provide the Bureau of Reclamation the necessary
authorization to complete these projects and provide clean and reliable
water to 35,000 Montanans and North Dakotans.
I thank Senator Tester for being an original cosponsor of this bill.
I ask my Senate colleagues to join us in support of 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 text of the bill was ordered to be
printed in the Record, as follows:
S. 685
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 ``Clean Water for Rural
Communities 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, Richland, Judith
Basin, Wheatland, Golden Valley, Fergus, Yellowstone, and
Musselshell 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) in the case of the Dry-Redwater Regional Water
Authority System--
(i) the Dry-Redwater Regional Water Authority, which is a
publicly owned nonprofit water authority formed in accordance
with Mont. Code Ann. Sec. 75-6-302 (2007); and
(ii) any nonprofit successor entity to the Authority
described in clause (i); and
(B) in the case of the Musselshell-Judith Rural Water
System--
(i) the Central Montana Regional Water Authority, which is
a publicly owned nonprofit water authority formed in
accordance with Mont. Code Ann. Sec. 75-6-302 (2007); and
(ii) any nonprofit successor entity to the Authority
described in clause (i).
(3) Dry-redwater regional water authority system.--The term
``Dry-Redwater Regional Water Authority System'' means the
Dry-Redwater Regional Water Authority System authorized under
section 4(a)(1) 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
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(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.
(4) Integrated system.--The term ``integrated system''
means the transmission system owned by the Western Area Power
Administration Basin Electric Power District and the
Heartland Consumers Power District.
(5) Musselshell-judith rural water system.--The term
``Musselshell-Judith Rural Water System'' means the
Musselshell-Judith Rural Water System authorized under
section 4(a)(2) with a project service area that includes--
(A) Judith Basin, Wheatland, Golden Valley, and Musselshell
Counties in the State;
(B) the portion of Yellowstone County in the State within 2
miles of State Highway 3 and within 4 miles of the county
line between Golden Valley and Yellowstone Counties in the
State, inclusive of the Town of Broadview, Montana; and
(C) the portion of Fergus County in the State within 2
miles of US Highway 87 and within 4 miles of the county line
between Fergus and Judith Basin Counties in the State,
inclusive of the Town of Moore, Montana.
(6) Non-federal distribution system.--The term ``non-
Federal distribution system'' means a non-Federal utility
that provides electricity to the counties covered by the Dry-
Redwater Regional Water Authority System.
(7) 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)).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) State.--The term ``State'' means the State of Montana.
(10) Water system.--The term ``Water System'' means--
(A) the Dry-Redwater Regional Water Authority System; and
(B) the Musselshell-Judith Rural Water System.
SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM AND
MUSSELSHELL-JUDITH RURAL WATER SYSTEM.
(a) Authorization.--The Secretary may carry out--
(1) the project entitled the ``Dry-Redwater Regional Water
Authority System'' in a manner that is substantially in
accordance with the feasibility study entitled ``Dry-Redwater
Regional Water System Feasibility Study'' (including
revisions of the study), which received funding from the
Bureau of Reclamation on September 1, 2010; and
(2) the project entitled the ``Musselshell-Judith Rural
Water System'' in a manner that is substantially in
accordance with the feasibility report entitled
``Musselshell-Judith Rural Water System Feasibility Report''
(including any and all revisions of the report).
(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 Systems.
(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 Systems
shall not exceed--
(i) in the case of the Dry-Redwater Regional Water
Authority System--
(I) 75 percent of the total cost of the Dry-Redwater
Regional Water Authority System; or
(II) such other lesser amount as may be determined by the
Secretary, acting through the Commissioner of Reclamation, in
a feasibility report; or
(ii) in the case of the Musselshell-Judith Rural Water
System, 75 percent of the total cost of the Musselshell-
Judith Rural Water System.
(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 Systems 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)--
(i) the Dry-Redwater Regional Water Authority 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--
(aa) serve the needs of citizens who use public water
systems;
(bb) are in existence on the date of enactment of this Act;
and
(cc) may be purchased, improved, and repaired in accordance
with a cooperative agreement entered into by the Secretary
under subsection (b); and
(ii) the Musselshell-Judith Rural Water System may use
Federal funds made available to carry out this section for--
(I) facilities relating to--
(aa) water supply wells; and
(bb) distribution pipelines; and
(II) control systems.
(C) Limitation.--Federal funds made available to carry out
this section shall not be used for the operation,
maintenance, or replacement of the Water Systems.
(D) Title.--Title to the Water Systems 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 Dry-Redwater
Regional Water Authority System a quantity of power required,
of up to 1\1/2\ megawatt capacity, to meet the pumping and
incidental operation requirements of the Dry-Redwater
Regional Water Authority System during the period beginning
on May 1 and ending on October 31 of 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 Dry-Redwater Regional Water Authority
System shall be eligible to receive power under paragraph (1)
if the Dry-Redwater Regional Water Authority 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) Additional power.--
(A) In general.--If power, in addition to that made
available to the Dry-Redwater Regional Water Authority System
under paragraph (1), is necessary to meet the pumping
requirements of the Dry-Redwater Regional Water Authority,
the Administrator may purchase the necessary additional power
at the best available rate.
(B) Reimbursement.--The cost of purchasing additional power
shall be reimbursed to the Administrator by the Dry-Redwater
Regional Water Authority.
(5) Responsibility for power charges.--The Dry-Redwater
Regional Water Authority shall be responsible for the payment
of the power charge described in paragraph (4) and non-
Federal delivery costs described in paragraph (6).
(6) Transmission arrangements.--
(A) In general.--The Dry-Redwater Regional Water Authority
System shall be responsible for all non-Federal transmission
and distribution system delivery and service arrangements.
(B) Upgrades.--The Dry-Redwater Regional Water Authority
System shall be responsible for funding any transmission
upgrades, if required, to the integrated system necessary to
deliver power to the Dry-Redwater Regional Water Authority
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. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There are authorized to be appropriated
such sums as are necessary to carry out the planning, design,
and construction of the Water Systems, substantially in
accordance with the cost estimate set forth in the applicable
feasibility study or feasibility report described in section
4(a).
(b) Cost Indexing.--
(1) In general.--The amount authorized to be appropriated
under subsection (a) may be increased or decreased in
accordance with ordinary fluctuations in development costs
incurred after the applicable date specified in paragraph
(2), as indicated by any available engineering cost indices
applicable to construction activities that are similar to the
construction of the Water Systems.
(2) Applicable dates.--The date referred to in paragraph
(1) is--
(A) in the case of the Dry-Redwater Regional Water
Authority System, January 1, 2008; and
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(B) in the case of the Musselshell-Judith Rural Water
Authority System, November 1, 2014.
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