S 685 — Clean Water for Rural Communities Act

and</DELETED> <DELETED> (II) control systems.</DELETED> <DELETED> (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.</DELETED> <DELETED> (D) Title.--Title to the Water Systems shall be held by the Authority.</DELETED> <DELETED>SEC.

5.

USE OF POWER FROM PICK-SLOAN PROGRAM BY THE DRY- REDWATER REGIONAL WATER AUTHORITY SYSTEM.</DELETED> <DELETED> (a) Finding.--Congress finds that--</DELETED> <DELETED> (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</DELETED> <DELETED> (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.</DELETED> <DELETED> (b) Availability of Power.--</DELETED> <DELETED> (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--</DELETED> <DELETED> (A) from the water intake facilities;

and</DELETED> <DELETED> (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.</DELETED> <DELETED> (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--</DELETED> <DELETED> (A) operates on a not-for-profit basis;

and</DELETED> <DELETED> (B) is constructed pursuant to a cooperative agreement entered into by the Secretary under section 4(b).</DELETED> <DELETED> (3) Rate.--The Administrator shall establish the cost of the power described in paragraph (1) at the firm power rate.</DELETED> <DELETED> (4) Additional power.--</DELETED> <DELETED> (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.</DELETED> <DELETED> (B) Reimbursement.--The cost of purchasing additional power shall be reimbursed to the Administrator by the Dry-Redwater Regional Water Authority.</DELETED> <DELETED> (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).</DELETED> <DELETED> (6) Transmission arrangements.--</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED>SEC.

6.

WATER RIGHTS.</DELETED> <DELETED> Nothing in this Act--</DELETED> <DELETED> (1) preempts or affects any State water law;

or</DELETED> <DELETED> (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.</DELETED> <DELETED>SEC.

7.

AUTHORIZATION OF APPROPRIATIONS.</DELETED> <DELETED> (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).</DELETED> <DELETED> (b) Cost Indexing.--</DELETED> <DELETED> (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.</DELETED> <DELETED> (2) Applicable dates.--The date referred to in paragraph (1) is--</DELETED> <DELETED> (A) in the case of the Dry-Redwater Regional Water Authority System, January 1, 2008;

and</DELETED> <DELETED> (B) in the case of the Musselshell-Judith Rural Water Authority System, November 1, 2014.</DELETED> SECTION 1.

(1) Administrator.--TheAuthority.--The term ``Administrator''``Authority'' meansmeans-- (A) the AdministratorCentral ofMontana theRegional WesternWater AreaAuthority, Powera Administration.publicly owned nonprofit water authority formed in accordance with Mont.

(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.

and (ii)(B) any nonprofit successor entity to the Authority described in clausesubparagraph (i);(A).

and(2) (B)Musselshell-judith inrural thewater casesystem.--The ofterm ``Musselshell-Judith Rural Water System'' means the Musselshell-Judith Rural Water System--System (i)authorized theunder Centralsection Montana4(a), Regionalwith Watera Authority,project whichservice isarea athat publiclyincludes-- owned(A) nonprofitJudith waterBasin, authorityWheatland, formedGolden inValley, accordanceand withMusselshell Mont.Counties in the State;

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;

(6)(3) Non-federalSecretary.--The distribution system.--The term ``non-``Secretary'' Federal distribution system'' means a non-Federal utility that provides electricity to the countiesSecretary coveredof by the Dry-Interior. Redwater Regional Water Authority System.

(7)(4) Pick-sloanState.--The program.--The term ``Pick-Sloan``State'' program'' means the Pick-SloanState Missouri River Basin Program (authorized by section 9 of theMontana. 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.

DRY-REDWATERMUSSELSHELL-JUDITH REGIONAL WATER AUTHORITY SYSTEM AND MUSSELSHELL- JUDITH RURAL WATER SYSTEM.

(a) Authorization.--The Secretary may carry out--out (1) the projectplanning, entitleddesign, and construction of the ``Dry-RedwaterMusselshell-Judith RegionalRural Water AuthoritySystem System'' in a manner that is substantially in accordance with the feasibility studyreport entitled ``Dry-Redwater``Musselshell-Judith RegionalRural Water System Feasibility Study''Report'' (including revisionsany ofand theall study),revisions whichof received funding from the Bureaureport). of Reclamation on September 1, 2010;

and(b) (2)Cooperative theAgreement.--The projectSecretary entitledshall theenter ``Musselshell-Judithinto Rural Water System'' in a mannercooperative thatagreement is substantially in accordance with the feasibilityAuthority reportto entitledprovide ``Musselshell-JudithFederal Ruralassistance Waterfor Systemthe Feasibilityplanning, Report''design, (including any and allconstruction revisions of the report).Musselshell-Judith Rural Water System.

(b)(c) CooperativeCost-sharing Agreement.--TheRequirement.-- Secretary(1) shallFederal entershare.-- into(A) aIn cooperativegeneral.--The agreementFederal withshare of the Authoritycosts relating to provide Federal assistance for the planning, design, and construction of the Musselshell-Judith Rural Water Systems.System shall not exceed 65 percent of the total cost of the Musselshell- Judith Rural Water System.

(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.

(2) Use of federal funds.-- (A) General uses.--Subject to subparagraphssubparagraph (B)(B), andthe (C),Musselshell-Judith theRural Water SystemsSystem may use Federal funds made available to carry out this section for-- (i) facilities relating to-- (I) water pumping;

and (III) water storage;

(IV) water supply wells;

(V) distribution pipelines;

and (VI) control systems;

(v) any interconnection facility that connects a pipeline of the Musselshell-Judith Rural 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 Musselshell- Judith Rural Water System;

(B) AdditionalLimitation.--Federal uses.--Infunds additionmade available to thecarry usesout describedthis insection subparagraphshall (A)--not (i)be theused Dry-Redwaterfor Regionalthe Wateroperation, Authoritymaintenance, Systemor mayreplacement useof Federalthe fundsMusselshell-Judith madeRural availableWater toSystem. carry out this section for-- (I) facilities relating to water intake;

and(C) (II)Title.--Title distribution,to pumping,the andMusselshell-Judith storageRural facilitiesWater that--System (aa)shall servebe theheld needsby ofthe citizensAuthority. 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.

USE OF POWER FROM PICK-SLOAN PROGRAM BY THE DRY-REDWATER REGIONALFEASIBILITY WATERSTUDY. AUTHORITY SYSTEM.

(a) Finding.--CongressDefinitions.--In findsthis that--section: (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(1) (2)Dry-redwater asregional awater resultauthority.--The ofterm the``Dry- designation,Redwater theRegional CountiesWater referredAuthority'' tomeans-- in(A) paragraphthe (1)Dry-Redwater wereRegional toWater receiveAuthority, impacta mitigationpublicly benefitsowned nonprofit water authority formed in accordance with theMont. Pick-Sloan program.

(b)Code AvailabilityAnn. 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;

andSec. (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)75-6-302 Eligibility.--The(2007); 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) isany constructednonprofit pursuantsuccessor entity to a cooperative agreement entered into by the SecretaryAuthority underdescribed sectionin 4(b).subparagraph (A).

(3)(2) Rate.--TheDry-redwater Administratorregional shallwater establishauthority system.--The term ``Dry-Redwater Regional Water Authority System'' means the costproject ofentitled the power``Dry-Redwater describedRegional inWater paragraphAuthority (1)System'', atwith thea firmproject powerservice rate.area that includes-- (A) Garfield and McCone Counties in the State;

(4)(B) Additional power.-- (A) In general.--If power, in addition to that made available to the Dry-Redwaterarea Regionalwest Water Authority System under paragraph (1), is necessary to meet the pumping requirements of the Dry-RedwaterYellowstone RegionalRiver Waterin Authority,Dawson theand AdministratorRichland mayCounties purchasein the necessaryState; additional power at the best available rate.

(B)(C) Reimbursement.--TheT. cost of purchasing additional power shall be reimbursed to the Administrator by the Dry-Redwater Regional Water Authority.

(5)15 ResponsibilityN. 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)(including Transmissionthe arrangements.--area (A)north Inof general.--Thethe Dry-RedwaterTownship) Regionalin WaterPrairie AuthorityCounty Systemin shallthe beState; responsible for all non- Federal transmission and distribution system delivery and service arrangements.

(B)and Upgrades.--The(D) Dry-Redwaterthe Regionalportion Waterof AuthorityMcKenzie SystemCounty, shallNorth beDakota, responsiblethat forincludes fundingall anyland transmissionthat upgrades,is iflocated required,west toof the integratedYellowstone systemRiver necessaryin to deliver power to the Dry-RedwaterState Regionalof WaterNorth AuthorityDakota. System.

(3) Reclamation feasibility standards.--The term ``reclamation feasibility standards'' means the eligibility criteria and feasibility study requirements described in section 106 of the Reclamation Rural Water Supply Act of 2006 (43 U.S.C.

2405) (as in effect on September 29, 2016).

(4) Submitted feasibility study.--The term ``submitted feasibility study'' means 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.

(b) Study.-- (1) In general.--The Secretary, in consultation with the Dry-Redwater Regional Water Authority, may undertake a study, including a review of the submitted feasibility study, to determine the feasibility of constructing the Dry-Redwater Regional Water System.

(2) Requirement.--The study under paragraph (1) shall comply with the reclamation feasibility standards.

(c) Cooperative Agreement.--If the Secretary determines that the study under subsection (b) does not comply with the reclamation feasibility standards, the Secretary may enter into a cooperative agreement with the Dry-Redwater Regional Water Authority to complete additional work to ensure that the study complies with the reclamation feasibility standards.

(d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $5,000,000 to carry out this section.

(e) Termination.--The authority provided by this section shall expire on the date that is 5 years after the date of enactment of this Act.

(a) Authorization.--There areis authorized to be appropriated such sums as are necessary to carry out the planning, design, and construction of the Musselshell-Judith Rural Water Systems,System, substantially in accordance with the cost estimate set forth in the applicable feasibility study or feasibility report described in section 4(a).4(a), $56,650,000.

(b) Cost Indexing.--Indexing.--The (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 theNovember applicable1, date2014, specified in paragraph (2), as indicated by any available engineering cost indices applicable to construction activities that are similar to the construction of the Musselshell-Judith Rural Water Systems.System.

(2)Amend Applicablethe dates.--Thetitle dateso referredas to inread: paragraph (1) is-- (A) in the case of the Dry-Redwater Regional Water Authority System, January 1, 2008;

and``A (B)bill into authorize the caseconstruction of the Musselshell-Judith Rural Water System and study of the Dry-Redwater Regional Water Authority System,System Novemberin 1,the 2014.States of Montana and North Dakota, and for other purposes.''.

<all>Calendar No.

659 115th CONGRESS 2d Session S.

685 [Report No.

115-373] _______________________________________________________________________ A BILL To authorize the Dry-Redwater Regional Water Authority System and the Musselshell-Judith Rural Water System in the States of Montana and North Dakota, and for other purposes.

_______________________________________________________________________ November 15, 2018 Reported with an amendment and an amendment to the title