Dry-Redwater Regional Water Authority System Act of 2014 - Authorizes the Secretary of the Interior to carry out the project entitled the "Dry-Redwater Regional Water Authority System" in accordance with the plans described in the "Dry-Redwater Regional Water System Feasibility Study" if the Secretary determines that the project is feasible.
Directs the Secretary to enter into a cooperative agreement to provide federal assistance for the planning, design, and construction of the System for specified counties in Montana and North Dakota.
Limits the federal share of planning, design, and construction of the System to 75% of the total cost, or such other lesser amount as may be determined by the Commissioner of Reclamation in a feasibility report. Delineates the components of System facilities for which federal funds may be expended. Prohibits federal funds from being used for the System's operation, maintenance, or replacement.
Directs the Administrator of the Western Area Power Administration to make available to the System a quantity of power required, up to one and a half megawatt capacity, to meet the System's pumping and incidental operation requirements between May 1 and October 31 of each year from the water intake facilities and 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. Makes the System eligible to receive such power only if it operates on a nonprofit basis and is constructed pursuant to the cooperative agreement. Sets forth provisions regarding the purchase of additional power, the Authority's responsibility for power charges and non-federal delivery costs, and the System's responsibility for non-federal transmission and distribution system delivery and service arrangements and for funding any transmission upgrades required to the integrated system necessary to deliver power to the System.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1997 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 1997
To authorize the Dry-Redwater Regional Water Authority System.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 6, 2014
Mr. Baucus introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
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 2014''.
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 State; 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) 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
(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.
(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'',
including revisions of the 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
Water System.
(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--
(i) 75 percent of the total cost of the
Water System; or
(ii) such other lesser amount as may be
determined by the Secretary, acting through the
Commissioner of Reclamation in a feasibility
report.
(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--
(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.
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.
(4) Additional power.--
(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.
(7) Construction.--Nothing in this section exempts the
Water System from the requirements of the Rural Water Supply
Act of 2006 (43 U.S.C. 2401 et seq.).
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 of Appropriations.--There are authorized to be
appropriated to carry out the planning, design, and construction of the
Water System such sums as are necessary, substantially in accordance
with the cost estimate set forth in the feasibility study described in
section 4(a).
(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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
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