,,ii #aacth ,,congress #b;d ,session ,s4 #aiig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #f1 #bjad,mr4 ,baucus introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to authorize the ,dry-,redwater ,regional ,water ,authority ,system4 #a4 ,short title ,this ,act may be cited as the ,dry-,redwater ,regional ,water ,authority ,system ,act of #bjad4 #b4 ,purpose ,the purpose of this ,act is to ensure a safe and adequate municipal1 rural1 and industrial water supply for the citizens of-- 7#a7 ,dawson1 ,garfield1 ,mc,cone1 ,prairie1 and ,richland ,counties of the ,state2 and 7#b7 ,mc,kenzie ,county1 ,north ,dakota4 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,western ,area ,power ,administration4 7#b7 ,authority ,the term ,authority means-- 7,a7 the ,dry-,redwater ,regional ,water ,authority1 which is a publicly owned nonprofit water authority formed in accordance with ,mont4 ,code ,ann4 #ge-f-cjb 7#bjjg72 and 7,b7 any nonprofit successor entity4 7#c7 ,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 ,district4 7#d7 ,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 ,system4 7#e7 ,pick-,sloan program ,the term ,pick-,sloan program means the ,pick-,sloan ,missouri ,river ,basin ,program 7authorized by section #i of the ,act of ,december #bb1 #aidd 7commonly known as the ,flood ,control ,act of #aidd7 7#eh ,stat4 #hia1 chapter #ffe774 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#g7 ,state ,the term ,state means the ,state of ,montana4 7#h7 ,water ,system ,the term ,water ,system means the ,dry-,redwater ,regional ,water ,authority ,system authorized under section #d with a project service area that includes-- 7,a7 the ,garfield and ,mc,cone ,counties of the ,state2 7,b7 the area west of the ,yellowstone ,river in ,dawson and ,richland ,counties of the ,state2 7,c7 ,township #ae,n 7including the area north of the ,township7 in ,prairie ,county of the ,state2 and 7,d7 the portion of ,mc,kenzie ,county1 ,north ,dakota that includes all land that is located west of the ,yellowstone ,river in the ,state of ,north ,dakota4 #d4 ,dry-,redwater ,regional ,water ,authority ,system 7a7 ,authorization 7#a7 ,in general ,if the ,secretary1 acting through the ,commissioner of the ,bureau of ,reclamation1 determines that the project is feasible1 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 plans1 and subject to the conditions1 described in the ,dry-,redwater ,regional ,water ,system ,feasibility ,study1 including revisions of the study1 which received funding from the ,bureau of ,reclamation on ,september #a1 #bjaj1 and is to be completed in accordance with section #ajf7;a7 of the ,rural ,water ,supply ,act of #bjjf 7#dc ,u4,s4,c4 #bdje7;a774 7#b7 ,cooperative agreement ,the ,secretary shall enter into a cooperative agreement with the ,authority to provide ,federal assistance for the planning1 design1 and construction of the ,water ,system4 7b7 ,cost sharing 7#a7 ,federal share 7,a7 ,in general ,the ,federal share of the costs relating to the planning1 design1 and construction of the ,water ,system shall not exceed-- 7i7 #ge percent of the total cost of the ,water ,system2 or 7ii7 such other lesser amount as may be determined by the ,secretary1 acting through the ,commissioner of ,reclamation in a feasibility report4 7,b7 ,limitation ,amounts made available under subparagraph 7,a7 shall not be returnable or reimbursable under the reclamation laws4 7#b7 ,use of ,federal funds 7,a7 ,in general ,subject to subparagraph 7,b71 ,federal funds made available to carry out this section may be used for-- 7i7 facilities relating to-- 7,i7 water intake2 7,,ii7 water pumping2 7,,iii7 water treatment2 and 7,,iv7 water storage2 7ii7 transmission pipelines and pumping stations2 7iii7 appurtenant buildings1 maintenance equipment1 and access roads2 7iv7 any interconnection facility that connects a pipeline of the ,water ,system to a pipeline of a public water system2 7v7 distribution1 pumping1 and storage facilities that-- 7,i7 serve the needs of citizens who use public water systems2 7,,ii7 are in existence on the date of enactment of this ,act2 and 7,,iii7 may be purchased1 improved1 and repaired in accordance with a cooperative agreement entered into by the ,secretary under subsection 7a77#b72 7vi7 electrical power transmission and distribution facilities required for the operation and maintenance of the ,water ,system2 7vii7 any other facility or service required for the development of a rural water distribution system1 as determined by the ,secretary2 and 7viii7 any property or property right required for the construction or operation of a facility described in this subsection4 7,b7 ,limitation ,federal funds made available to carry out this section shall not be used for the operation1 maintenance1 or replacement of the ,water ,system4 7c7 ,title ,title to the ,water ,system shall be held by the ,authority4 #e4 ,use of power from ,pick-,sloan program 7a7 ,findings ,congress finds that ,mc,cone and ,garfield ,counties in the ,state were designated as impact counties during the period in which the ,fort ,peck ,dam was constructed1 and as such1 were to receive impact mitigation benefits in accordance with the ,pick-,sloan program4 7b7 ,availability of power 7#a7 ,in general ,subject to paragraph 7#b71 the ,administrator shall make available to the ,water ,system a quantity of power required1 of up to #a megawatt capacity1 to meet the pumping and incidental operation requirements of the ,water ,system during the period beginning on ,may #a and ending on ,october #ca of each year-- 7,a7 from the water intake facilities2 and 7,b7 through all pumping stations1 water treatment facilities1 reservoirs1 storage tanks1 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 users4 7#b7 ,eligibility ,the ,water ,system shall be eligible to receive power under paragraph 7#a7 if the ,water ,system-- 7,a7 operates on a not-for-profit basis2 and 7,b7 is constructed pursuant to a cooperative agreement entered into by the ,secretary under section #d7;a77#b74 7#c7 ,rate ,the ,administrator shall establish the cost of the power described in paragraph 7#a7 at the firm power rate4 7#d7 ,additional power 7,a7 ,in general ,if power1 in addition to that made available to the ,water ,system under paragraph 7#a71 is necessary to meet the pumping requirements of the ,authority1 the ,administrator may purchase the necessary additional power at the best available rate4 7,b7 ,reimbursement ,the cost of purchasing additional power shall be reimbursed to the ,administrator by the ,authority4 7#e7 ,responsibility for power charges ,the ,authority shall be responsible for the payment of the power charge described in paragraph 7#d7 and non-,federal delivery costs described in paragraph 7#f74 7#f7 ,transmission arrangements 7,a7 ,in general ,the ,water ,system shall be responsible for all non-,federal transmission and distribution system delivery and service arrangements4 7,b7 ,upgrades ,the ,water ,system shall be responsible for funding any transmission upgrades1 if required1 to the integrated system necessary to deliver power to the ,water ,system4 7#g7 ,construction ,nothing in this section exempts the ,water ,system from the requirements of the ,rural ,water ,supply ,act of #bjjf 7#dc ,u4,s4,c4 #bdja et seq474 #f4 ,water rights ,nothing in this ,act-- 7#a7 preempts or affects any ,state water law2 or 7#b7 affects any authority of a ,state1 as in effect on the date of enactment of this ,act1 to manage water resources within that ,state4 #g4 ,authorization of appropriations 7a7 ,authorization of appropriations ,there are authorized to be appropriated to carry out the planning1 design1 and construction of the ,water ,system such sums as are necessary1 substantially in accordance with the cost estimate set forth in the feasibility study described in section #d7;a74 7b7 ,cost indexing ,the amount authorized to be appropriated under subsection 7a7 may be increased or decreased in accordance with ordinary fluctuations in development costs incurred after ,january #a1 #bjjh1 as indicated by any available engineering cost indices applicable to construction activities that are similar to the construction of the ,water ,system4