S 419

1st Session

S. 419

To authorize the Dry-Redwater Regional Water Authority System.


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 Resources


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,


    This Act may be cited as the `Dry-Redwater Regional Water Authority System Act of 2011'.


    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 State; and

      (2) McKenzie County, North Dakota.


    In this Act:

      (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.


    (a) Authorization-

      (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 Authority.

    (b) Cost Sharing-

      (1) FEDERAL SHARE-

        (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.


        (A) IN GENERAL- Subject to subparagraph (B), Federal funds made available to carry out this section may be used for--

          (i) facilities relating to--

            (I) water intake;

            (II) water pumping;

            (III) water treatment; and

            (IV) water storage;

          (ii) transmission pipelines and pumping stations;

          (iii) appurtenant buildings, maintenance equipment, and access roads;

          (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; and

            (III) may be purchased, improved, and repaired in accordance with a cooperative agreement entered into by the Secretary under subsection (a)(2);

          (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) 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.


    (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).


        (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.


    (a) Authorization of Appropriations- There is authorized to be appropriated to carry out the planning, design, and construction of the Water System $115,116,000.

    (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.