,,ii #aaith ,,congress #b;d ,session ,s4 #ddhi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ab1 #bjbf,mr4 ,daines 7for himself and ,mr4 ,sheehy7 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 ,system in the ,state of ,montana1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,dry-,redwater ,regional ,water ,authorization ,act4 #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 in the ,state of ,montana2 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 title #gf1 chapter #f1 part #c 7#aiii72 and 7,b7 any nonprofit successor entity to the ,authority described in subparagraph 7,a74 7#c7 ,integrated ,system ,the term ,integrated ,system means the transmission system owned by the ,western ,area ,power ,administration1 ,basin ,electric ,power ,cooperative1 and ,heartland ,energy4 7#d7 ,non-,federal transmission and distribution system ,the term non-,federal transmission and 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 authorized by section #i of the ,act of ,december #bb1 #aidd 7commonly known as the ,flood ,control ,act of #aidd7 7#eh ,stat4 #hia1 chapter #ffe74 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 #d7;a7 with a project service area that includes-- 7,a7 ,garfield and ,mc,cone ,counties in the ,state2 7,b7 the area west of the ,yellowstone ,river in ,dawson and ,richland ,counties in the ,state2 7,c7 ,t4 #ae ,n 7including the area north of the ,township7 in ,prairie ,county in the ,state2 and 7,d7 the portion of ,mc,kenzie ,county1 ,north ,dakota1 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 ,the ,secretary may carry out the project entitled the ,dry-,redwater ,regional ,water ,authority ,system in a manner that is substantially in accordance with the ,bureau of ,reclamation feasibility study entitled ,dry-,redwater ,regional ,water ,system ,feasibility ,study and dated ,october #bjbe 7including revisions of the study71 which was authorized under the ,clean ,water for ,rural ,communities ,act 7section #aaaj of division ,,ff of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj2 #acd ,stat4 #cbdf771 subject to the condition that livestock watering shall not be limited to incidental noncommercial livestock watering4 7b7 ,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 7c7 ,cost-,sharing requirement 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 ,reclamation1 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 ,general uses ,subject to subparagraphs 7,b7 and 7,c71 the ,water ,system may use ,federal funds made available to carry out this section for-- 7i7 facilities relating to-- 7,i7 water pumping2 7,,ii7 water treatment2 and 7,,iii7 water storage2 7ii7 transmission pipelines2 7iii7 pumping stations2 7iv7 appurtenant buildings1 maintenance equipment1 and access roads2 7v7 any interconnection facility that connects a pipeline of the ,water ,system to a pipeline of a public water system2 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 ,additional uses ,in addition to the uses described in subparagraph 7,a71 the ,water ,system may use ,federal funds made available to carry out this section for-- 7i7 facilities relating to water intake2 and 7ii7 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 7b74 7,c7 ,limitation ,federal funds made available to carry out this section shall not be used for the operation1 maintenance1 or replacement of the ,water ,system4 7,d7 ,title ,title to the ,water ,system shall be held by the ,authority4 #e4 ,use of power from ,pick-,sloan ,program by the ,dry-,redwater ,regional ,water ,authority ,system 7a7 ,finding ,congress finds that-- 7#a7 ,mc,cone and ,garfield ,counties in the ,state were designated as impact counties during the period in which the ,fort ,peck ,dam was constructed2 and 7#b7 as a result of the designation1 the counties referred to in paragraph 7#a7 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 required to meet the operational requirements of the ,water ,system 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;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 ,responsibility for power charges ,the ,authority shall be responsible for the payment of the power charge described in paragraph 7#c7 and non-,federal delivery costs described in paragraph 7#e74 7#e7 ,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 or distribution upgrades to the ,integrated ,system1 including upgrades to any non-,federal transmission or distribution system1 that are necessary to deliver power to the ,water ,system4 #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 ,funding 7a7 ,authorization ,there is authorized to be appropriated for the planning1 design1 and construction of the ,water ,system #fjb1jjj1jjj for the period of fiscal years #bjbg through #bjcg4 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 #bjbd1 as indicated by any available engineering cost indices applicable to construction activities that are similar to the construction of the ,water ,system4 7c7 ,construction costs adjustment ,the amount authorized to be appropriated under subsection 7a7 shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices1 as determined by the ,secretary1 including repricing applicable to the types of construction and current industry standards involved4