To authorize the Dry-Redwater Regional Water Authority System.
IN THE SENATE OF THE UNITED STATES
February 28, 2011
Mr. BAUCUS (for himself and Mr. TESTER) introduced the following bill;
which was read twice and referred to the Committee on Energy and Natural
To authorize the Dry-Redwater Regional Water Authority System.
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 `Dry-Redwater Regional Water Authority
System Act of 2011'.
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, and Richland Counties of the
(2) McKenzie County, North Dakota.
SEC. 3. DEFINITIONS.
(1) ADMINISTRATOR- The term `Administrator' means the Administrator
of the Western Area Power Administration.
(2) AUTHORITY- The term `Authority' means--
(A) the Dry-Redwater Regional Water Authority, which is a publicly
owned nonprofit water authority formed in accordance with Mont.
Code Ann. 75-6-302 (2007); and
(B) any nonprofit successor entity.
(3) 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.
(4) NON-FEDERAL DISTRIBUTION SYSTEM- The term `non-Federal distribution
system' means a non-Federal utility that provides electricity to the
counties covered by the Water System.
(5) 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)).
(6) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(7) STATE- The term `State' means the State of Montana.
(8) WATER SYSTEM- The term `Water System' means the Dry-Redwater Regional
Water Authority System authorized under section 4 with a project service
area that includes--
(A) the Garfield and McCone Counties of the State;
(B) the area west of the Yellowstone River in Dawson and Richland
Counties of the State;
(C) Township 15N (including the area north of the Township) in Prairie
County of the State; and
(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.
SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM.
(1) IN GENERAL- If the Secretary, acting through the Commissioner
of the Bureau of Reclamation, determines that the project is feasible,
the Secretary is authorized to carry out the project entitled `Dry-Redwater
Regional Water Authority System' in a manner that is substantially
in accordance with the plans, and subject to the conditions, described
in the `Dry-Redwater Regional Water System Feasibility Study', which
received funding from the Bureau of Reclamation on September 1, 2010,
and is to be completed in accordance with section 106(a) of the Rural
Water Supply Act of 2006 (43 U.S.C. 2405(a)).
(2) 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 Dry Redwater Regional Water
(A) IN GENERAL- The Federal share of the costs relating to the planning,
design, and construction of the Water System shall not exceed 75
percent of the total cost of the 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) IN GENERAL- Subject to subparagraph (B), Federal funds made
available to carry out this section may be used for--
(i) facilities relating to--
(III) water treatment; and
(ii) transmission pipelines and pumping stations;
(iii) appurtenant buildings, maintenance equipment, and access
(iv) any interconnection facility that connects a pipeline of
the Water System to a pipeline of a public water system;
(v) distribution, pumping, and storage facilities that--
(I) serve the needs of citizens who use public water systems;
(II) are in existence on the date of enactment of this Act;
(III) may be purchased, improved, and repaired in accordance
with a cooperative agreement entered into by the Secretary under
(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;
(viii) any property or property right required for the construction
or operation of a facility described in this subsection.
(B) LIMITATION- Federal funds made available to carry out this section
shall not be used for the operation, maintenance, or replacement
of the Water System.
(c) Title- Title to the Water System shall be held by the Authority.
SEC. 5. USE OF POWER FROM PICK-SLOAN PROGRAM.
(a) Findings- Congress finds that McCone and Garfield Counties in the
State were designated as impact counties during the period in which
the Fort Peck Dam was constructed, and as such, 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 Water System a quantity of power required, of
up to 1 1/2 megawatt capacity, to meet the pumping and incidental
operation requirements of the Water 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 Water System shall be eligible to receive power
under paragraph (1) if the Water 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(a)(2).
(3) RATE- The Administrator shall establish the cost of the power
described in paragraph (1) at the firm power rate.
(A) IN GENERAL- If power, in addition to that made available to
the Water System under paragraph (1), is necessary to meet the pumping
requirements of the 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 Authority.
(5) RESPONSIBILITY FOR POWER CHARGES- The 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 Water System shall be responsible for all non-Federal
transmission and distribution system delivery and service arrangements.
(B) UPGRADES- The Water System shall be responsible for funding
any transmission upgrades, if required, to the integrated system
necessary to deliver power to the Water System.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations- There is authorized to be appropriated
to carry out the planning, design, and construction of the Water System
(b) Cost Indexing- The amount authorized to be appropriated under subsection
(a) may be increased or decreased in accordance with ordinary fluctuations
in development costs incurred after January 1, 2008, as indicated by
any available engineering cost indices applicable to construction activities
that are similar to the construction of the Water System.