[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1552 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 1552
To authorize the Dry-Redwater Regional Water Authority System and the
Musselshell-Judith Rural Water System in the State of Montana, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 11, 2015
Mr. Daines 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 and the
Musselshell-Judith Rural Water System in the State of Montana, 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. SHORT TITLE.
This Act may be cited as the ``Clean Water for Rural Communities
Act''.
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, Richland, Judith
Basin, Wheatland, Golden Valley, Fergus, Yellowstone, and
Musselshell Counties in the State of Montana; 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) in the case of the Dry-Redwater Regional Water
Authority System--
(i) 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
(ii) any nonprofit successor entity to the
Authority described in clause (i); and
(B) in the case of the Musselshell-Judith Rural
Water System--
(i) the Central Montana Regional Water
Authority, which is a publicly owned nonprofit
water authority formed in accordance with Mont.
Code Ann. Sec. 75-6-302 (2007); and
(ii) any nonprofit successor entity to the
Authority described in clause (i).
(3) Dry-redwater regional water authority system.--The term
``Dry-Redwater Regional Water Authority System'' means the Dry-
Redwater Regional Water Authority System authorized under
section 4(a)(1) with a project service area that includes--
(A) Garfield and McCone Counties in the State;
(B) the area west of the Yellowstone River in
Dawson and Richland Counties in the State;
(C) T. 15 N. (including the area north of the
Township) in Prairie County in 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.
(4) 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.
(5) Musselshell-judith rural water system.--The term
``Musselshell-Judith Rural Water System'' means the
Musselshell-Judith Rural Water System authorized under section
4(a)(2) with a project service area that includes--
(A) Judith Basin, Wheatland, Golden Valley, and
Musselshell Counties in the State;
(B) the portion of Yellowstone County in the State
within 2 miles of State Highway 3 and within 4 miles of
the county line between Golden Valley and Yellowstone
Counties in the State, inclusive of the Town of
Broadview, Montana; and
(C) the portion of Fergus County in the State
within 2 miles of US Highway 87 and within 4 miles of
the county line between Fergus and Judith Basin
Counties in the State, inclusive of the Town of Moore,
Montana.
(6) Non-federal distribution system.--The term ``non-
Federal distribution system'' means a non-Federal utility that
provides electricity to the counties covered by the Dry-
Redwater Regional Water Authority System.
(7) 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)).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) State.--The term ``State'' means the State of Montana.
(10) Water system.--The term ``Water System'' means--
(A) the Dry-Redwater Regional Water Authority
System; and
(B) the Musselshell-Judith Rural Water System.
SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM AND MUSSELSHELL-
JUDITH RURAL WATER SYSTEM.
(a) Authorization.--The Secretary may carry out--
(1) the project entitled the ``Dry-Redwater Regional Water
Authority System'' in a manner that is substantially in
accordance with the feasibility study entitled ``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
(2) the project entitled the ``Musselshell-Judith Rural
Water System'' in a manner that is substantially in accordance
with the feasibility report entitled ``Musselshell-Judith Rural
Water System Feasibility Report'' (including any and all
revisions of the report).
(b) 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 Systems.
(c) Cost-Sharing Requirement.--
(1) Federal share.--
(A) In general.--The Federal share of the costs
relating to the planning, design, and construction of
the Water Systems shall not exceed--
(i) in the case of the Dry-Redwater
Regional Water Authority System--
(I) 75 percent of the total cost of
the Dry-Redwater Regional Water
Authority System; or
(II) such other lesser amount as
may be determined by the Secretary,
acting through the Commissioner of
Reclamation, in a feasibility report;
or
(ii) in the case of the Musselshell-Judith
Rural Water System, 75 percent of the total
cost of the Musselshell-Judith Rural 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) General uses.--Subject to subparagraphs (B) and
(C), the Water Systems may use Federal funds made
available to carry out this section for--
(i) facilities relating to--
(I) water pumping;
(II) water treatment; and
(III) water storage;
(ii) transmission pipelines;
(iii) pumping stations;
(iv) appurtenant buildings, maintenance
equipment, and access roads;
(v) any interconnection facility that
connects a pipeline of the Water System to a
pipeline of a public water system;
(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) Additional uses.--In addition to the uses
described in subparagraph (A)--
(i) the Dry-Redwater Regional Water
Authority System may use Federal funds made
available to carry out this section for--
(I) facilities relating to water
intake; and
(II) distribution, pumping, and
storage facilities that--
(aa) serve the needs of
citizens who use public water
systems;
(bb) are in existence on
the date of enactment of this
Act; and
(cc) may be purchased,
improved, and repaired in
accordance with a cooperative
agreement entered into by the
Secretary under subsection (b);
and
(ii) the Musselshell-Judith Rural Water
System may use Federal funds made available to
carry out this section for--
(I) facilities relating to--
(aa) water supply wells;
and
(bb) distribution
pipelines; and
(II) control systems.
(C) Limitation.--Federal funds made available to
carry out this section shall not be used for the
operation, maintenance, or replacement of the Water
Systems.
(D) Title.--Title to the Water Systems shall be
held by the Authority.
SEC. 5. USE OF POWER FROM PICK-SLOAN PROGRAM BY THE DRY-REDWATER
REGIONAL WATER AUTHORITY SYSTEM.
(a) Finding.--Congress finds that--
(1) McCone and Garfield Counties in the State were
designated as impact counties during the period in which the
Fort Peck Dam was constructed; and
(2) as a result of the designation, the Counties referred
to in paragraph (1) 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 Dry-Redwater Regional
Water Authority System a quantity of power required, of up to
1\1/2\ megawatt capacity, to meet the pumping and incidental
operation requirements of the Dry-Redwater Regional Water
Authority 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 Dry-Redwater Regional Water Authority
System shall be eligible to receive power under paragraph (1)
if the Dry-Redwater Regional Water Authority 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(b).
(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 Dry-Redwater Regional Water Authority
System under paragraph (1), is necessary to meet the
pumping requirements of the Dry-Redwater Regional Water
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 Dry-Redwater Regional Water
Authority.
(5) Responsibility for power charges.--The Dry-Redwater
Regional Water 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 Dry-Redwater Regional Water
Authority System shall be responsible for all non-
Federal transmission and distribution system delivery
and service arrangements.
(B) Upgrades.--The Dry-Redwater Regional Water
Authority System shall be responsible for funding any
transmission upgrades, if required, to the integrated
system necessary to deliver power to the Dry-Redwater
Regional Water Authority System.
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.--There are authorized to be appropriated such
sums as are necessary to carry out the planning, design, and
construction of the Water Systems, substantially in accordance with the
cost estimate set forth in the applicable feasibility study or
feasibility report described in section 4(a).
(b) Cost Indexing.--
(1) In general.--The amount authorized to be appropriated
under subsection (a) may be increased or decreased in
accordance with ordinary fluctuations in development costs
incurred after the applicable date specified in paragraph (2),
as indicated by any available engineering cost indices
applicable to construction activities that are similar to the
construction of the Water Systems.
(2) Applicable dates.--The date referred to in paragraph
(1) is--
(A) in the case of the Dry-Redwater Regional Water
Authority System, January 1, 2008; and
(B) in the case of the Musselshell-Judith Rural
Water Authority System, November 1, 2014.
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