[Congressional Record (Bound Edition), Volume 152 (2006), Part 17]
[House]
[Pages 21830-21831]
[From the U.S. Government Publishing Office, www.gpo.gov]




        PACTOLA RESERVOIR REALLOCATION AUTHORIZATION ACT OF 2005

  Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 819) to authorize the Secretary of the Interior to 
reallocate costs of the Pactola Dam and Reservoir, South Dakota, to 
reflect increased demands for municipal, industrial, and fish and 
wildlife purposes.
  The Clerk read as follows:

                                 S. 819

       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 ``Pactola Reservoir 
     Reallocation Authorization Act of 2005''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) it is appropriate to reallocate the costs of the 
     Pactola Dam and Reservoir, South Dakota, to reflect increased 
     demands for municipal, industrial, and fish and wildlife 
     purposes; and
       (2) section 302 of the Department of Energy Organization 
     Act (42 U.S.C. 7152) prohibits such a reallocation of costs 
     without congressional approval.

     SEC. 3. REALLOCATION OF COSTS OF PACTOLA DAM AND RESERVOIR, 
                   SOUTH DAKOTA.

       The Secretary of the Interior may, as provided in the 
     contract of August 2001 entered into between Rapid City, 
     South Dakota, and the Rapid Valley Conservancy District, 
     reallocate, in a manner consistent with Federal reclamation 
     law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), 
     and Acts supplemental to and amendatory of that Act (43 
     U.S.C. 371 et seq.)), the construction costs of Pactola Dam 
     and Reservoir, Rapid Valley Unit, Pick-Sloan Missouri Basin 
     Program, South Dakota, from irrigation purposes to municipal, 
     industrial, and fish and wildlife purposes.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Radanovich) and the gentlewoman from South Dakota (Ms. 
Herseth) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. RADANOVICH. Mr. Speaker, I ask unanimous consent that all Members 
may be given 5 legislative days in which to revise and extend their 
remarks and include extraneous material on the bill now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. RADANOVICH. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, Senate 819, introduced by Senator Tim Johnson of South 
Dakota, reallocates the costs of the Pactola Dam and Reservoir to 
reflect growing municipal needs for water. As Rapid City's municipal 
water needs are growing at a rapid rate and demand for local irrigation 
water decreases, this legislation appropriately reallocates the costs 
associated with the changing water needs. This bill is a win for the 
citizens of Rapid City and a win for the American taxpayer, and I urge 
my colleagues to support this commonsense legislation.
  Mr. Speaker, I reserve the balance of my time.
  Ms. HERSETH. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I strongly support S. 819, sponsored by Senator Tim 
Johnson, which is the counterpart to legislation I sponsored which 
passed this body earlier this year. This bill authorizes the Secretary 
of the Interior to reallocate the construction costs of Pactola Dam and 
Reservoir. This important water supply project is located just 15 miles 
west of Rapid City in my home State of South Dakota.
  The water supply needs of the Rapid City area have changed 
dramatically since the Bureau of Reclamation built Pactola Dam 50 years 
ago. Rapid City is the second largest city in South Dakota, and there 
is no doubt this metropolitan area will continue to enjoy strong 
economic and population growth. The cost reallocation authorized in 
this legislation will simply allow the Secretary of the Interior to 
modernize the financial structure of the project to reflect the 
changing water supply needs of this area of my State.
  I want to thank Chairman Radanovich, Ranking Member Napolitano, and 
committee staff for working with me to advance the House counterpart of 
this legislation, and I urge my colleagues to support S. 819.
  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.

[[Page 21831]]

  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.
  Mr. Speaker, I reserve the balance of my time.
  Mr. RADANOVICH. Mr. Speaker, the Pactola Dam, located near Rapid 
City, South Dakota, stores water from Rapid Creek and is part of the 
Pick-Sloan Missouri Basin Program. This bill authorizes reallocation of 
a portion of the construction costs of the Pactola Dam and Reservoir 
from irrigation purposes to municipal and industrial and fish and 
wildlife purposes.
  The effort to reallocate Pactola Dam costs stems from the population 
growth around Rapid City, with corresponding increases in demand for 
M&I water and decreases in demand for irrigation water. Pactola Dam 
originally provided water storage for flood control, irrigation, and 
M&I uses. A 40-year water service contract between the Bureau of 
Reclamation and Rapid City for M&I water expired in 1991. Water for 
Rapid City has been subsequently provided under annual contracts. A 
second 40-year contract between reclamation and the Rapid Valley 
Conservancy District for irrigation water expired in 2001. The district 
decided not to renew this contract due to decreased irrigation demand 
and sufficient alternative water sources. Since the district no longer 
needs Pactola water, repayment of construction costs originally 
allocated to irrigation can be reallocated to M&I uses and fish and 
wildlife purposes. Under law, Congress must authorize this 
reallocation.
  As I close with the Resources Committee issues today, Mr. Speaker, I 
want to thank Lisa Pittman, our chief counsel on the Resources 
Committee, for all her hard work during the 109th Congress.
  Thank you, Lisa
  Mr. Speaker, I yield back the balance of my time.
  Ms. HERSETH. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Radanovich) that the House suspend the 
rules and pass the Senate bill, S. 819.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those voting have responded in the affirmative.
  Mr. RADANOVICH. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

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