Declares it to be congressional policy that: (1) a state has authority to manage the waters of rivers located within its boundaries; and (2) a state in which a Missouri River mainstem reservoir of the Corps of Engineers is located maintains authority to allocate the quantity of water in the reservoir attributable to the natural flows of the Missouri River within its boundaries. Requires all policies and procedures for the operations of Missouri River mainstem reservoirs of the Corps to be consistent with such policy.
Defines "natural flows" to mean Missouri River waters that would be flowing in a state in the absence of a dam that forms a Missouri River mainstem reservoir of the Corps. Requires the quantity of natural flows to be determined based on average monthly flows (excluding depletions) and to be calculated for the entire period of record, including before, during, and after construction of any dams or reservoirs.
Requires the Secretary of the Army to determine the quantity of water in each Missouri River mainstem reservoir of the Corps that is attributable to the natural flows of the Missouri River within the state in which the reservoir is located. Authorizes a state to seek judicial review of such determination.
Prohibits the Secretary from charging a fee in connection with water of the Missouri River in a state, without the state's consent, until such quantity of the natural flows of the Missouri River within the state is determined.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2741 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2741
To clarify that, with respect to each Missouri River mainstem reservoir
of the Corps of Engineers located in a State, the State maintains
authority to allocate and appropriate the quantity of water in the
reservoir that is attributable to the natural flows of the Missouri
River within the boundaries of the State, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 18, 2013
Mrs. Noem (for herself and Mr. Cramer) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To clarify that, with respect to each Missouri River mainstem reservoir
of the Corps of Engineers located in a State, the State maintains
authority to allocate and appropriate the quantity of water in the
reservoir that is attributable to the natural flows of the Missouri
River within the boundaries of the State, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. STATE AUTHORITY TO ALLOCATE AND APPROPRIATE WATERS IN
MISSOURI RIVER MAINSTEM RESERVOIRS.
(a) Declaration of Policy.--It is declared to be the policy of
Congress that--
(1) a State has authority to manage the waters of rivers
located within the boundaries of the State; and
(2) accordingly, with respect to each Missouri River
mainstem reservoir of the Corps of Engineers, the State in
which the reservoir is located maintains authority to allocate
and appropriate the quantity of water in the reservoir that is
attributable to the natural flows of the Missouri River within
the boundaries of the State.
(b) Natural Flows.--For purposes of this section--
(1) the term ``natural flows'' means waters of the Missouri
River that would be flowing in a State in the absence of a dam
that forms a Missouri River mainstem reservoir of the Corps of
Engineers; and
(2) the quantity of natural flows shall be determined based
on average monthly flows (excluding depletions) and shall be
calculated for the entire period of record, including the
periods before, during, and after construction of any dams or
reservoirs.
(c) Missouri River System Reservoirs.--
(1) Policies and procedures.--All policies and procedures
for the operations of Missouri River mainstem reservoirs of the
Corps of Engineers shall be consistent with the declared policy
under subsection (a).
(2) Determination of natural flows.--With respect to each
Missouri River mainstem reservoir of the Corps of Engineers,
the Secretary shall determine, in consultation with the State
in which the reservoir is located, the quantity of water in the
reservoir that is attributable to the natural flows of the
Missouri River within the boundaries of the State.
(3) Judicial review.--A State may seek judicial review of a
determination under paragraph (2) under chapter 7 of title 5,
United States Code.
(4) Prohibition on fees.--
(A) In general.--The Secretary may not charge a fee
in connection with water attributable to the natural
flows of the Missouri River.
(B) Interim rule.--Until the quantity of the
natural flows of the Missouri River within the
boundaries of a State is determined under subsection
(c)(2) through final agency action, the Secretary may
not charge any fee in connection with water of the
Missouri River in the State, without the consent of the
State.
(5) Report to congress.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit to
Congress a report on determinations made under paragraph (2).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Water Resources and Environment.
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