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Calendar No. 621
105th CONGRESS
2d Session
S. 2117
To authorize the construction of the Perkins County Rural Water System
and authorize financial assistance to the Perkins County Rural Water
System, Inc., a nonprofit corporation, in the planning and construction
of the water supply system, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 22, 1998
Mr. Johnson (for himself and Mr. Daschle) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
September 25, 1998
Reported by Mr. Murkowski, with amendments
[Omit the part struck through and insert the printed in italic]
_______________________________________________________________________
A BILL
To authorize the construction of the Perkins County Rural Water System
and authorize financial assistance to the Perkins County Rural Water
System, Inc., a nonprofit corporation, in the planning and construction
of the water supply system, 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 ``Perkins County Rural Water System
Act of 1997''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) there are insufficient water supplies of reasonable
quality available to the members of the Perkins County Rural
Water System located in Perkins County, South Dakota, and the
water supplies that are available do not meet minimum health
and safety standards, thereby posing a threat to public health
and safety;
(2) in 1977, the North Dakota State Legislature authorized
and directed the State Water Commission to conduct the
Southwest Area Water Supply Study, which included water service
to a portion of Perkins County, South Dakota;
(3) amendments made by the Garrison Diversion Unit
Reformulation Act of 1986 (Public Law 101-294) authorized the
Southwest Pipeline project as an eligible project for Federal
cost share participation;
(4) the Perkins County Rural Water System has continued to
be recognized by the State of North Dakota, the Southwest Water
Authority, the North Dakota Water Commission, the Department of
the Interior, and Congress as a component of the Southwest
Pipeline Project; and
(5) the best available, reliable, and safe rural and
municipal water supply to serve the needs of the Perkins County
Rural Water System, Inc., members is the waters of the Missouri
River as delivered by the Southwest Pipeline Project in North
Dakota.
(b) Purposes.--The purposes of this Act are--
(1) to ensure a safe and adequate municipal, rural, and
industrial water supply for the members of the Perkins County
Rural Water Supply System, Inc., in Perkins County, South
Dakota;
(2) to assist the members of the Perkins County Rural Water
Supply System, Inc., in developing safe and adequate municipal,
rural, and industrial water supplies; and
(3) to promote the implementation of water conservation
programs by the Perkins County Rural Water System, Inc.
SEC. 3. DEFINITIONS.
In this Act:
(1) Feasibility study.--The term ``feasibility study''
means the study entitled ``Feasibility Study for Rural Water
System for Perkins County Rural Water System, Inc.'', as
amended in March 1995.
(2) Project construction budget.--The term ``project
construction budget'' means the description of the total amount
of funds that are needed for the construction of the water
supply system, as described in the feasibility study.
(3) Pumping and incidental operational requirements.--The
term ``pumping and incidental operational requirements'' means
all power requirements that are incidental to the operation of
intake facilities, pumping stations, water treatment
facilities, cooling facilities, reservoirs, and pipelines to
the point of delivery of water by the Perkins County Rural
Water System to each entity that distributes water at retail to
individual users.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of the Bureau
of Reclamation.
(5) Water supply system.--The term ``water supply system''
means the Perkins County Rural Water System, Inc., a nonprofit
corporation, established and operated substantially in
accordance with the feasibility study.
SEC. 4. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.
(a) In General.--The Secretary shall make grants to the water
supply system for the Federal share of the costs of--
(1) the planning and construction of the water supply
system; and
(2) repairs to existing public water distribution systems
to ensure conservation of the resources and to make the systems
functional under the new water supply system.
(b) Service Area.--The water supply system shall provide for safe
and adequate municipal, rural, and industrial water supplies,
mitigation of wetlands areas, repairs to existing public water
distribution systems, and water conservation in Perkins County, South
Dakota.
(c) Amount of Grants.--Grants made available under subsection (a)
to the water supply system shall not exceed the Federal share under
section 10.
(d) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for the construction of the water
supply system until--
(1) the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect to
the water supply <DELETED>system; </DELETED>system; and
(2) a final engineering report has been prepared and
submitted to Congress for a period of not less than 90 days
before the commencement of construction of the <DELETED>system;
and </DELETED>system.
<DELETED> (3) the water supply system has developed and
implemented a water conservation program.</DELETED>
<DELETED>SEC. 5. WATER CONSERVATION PROGRAM.</DELETED>
<DELETED> (a) Purpose.--The water conservation program under section
4(d)(3) shall be designed to ensure that users of water from the water
supply system will use the best practicable technology and management
techniques to conserve water use.</DELETED>
<DELETED> (b) Description.--The water conservation program shall
include--</DELETED>
<DELETED> (1) low consumption performance standards for all
newly installed plumbing fixtures;</DELETED>
<DELETED> (2) leak detection and repair programs;</DELETED>
<DELETED> (3) rate structures that do not include declining
block rate schedules for municipal households or special water
users (as defined in the feasibility study);</DELETED>
<DELETED> (4) public education programs;</DELETED>
<DELETED> (5) coordinated operation and maintenance
(including necessary repairs to ensure minimal water losses) by
and between the water supply system and any member of the
system that is a preexisting water supply facility within the
service area of the system; and</DELETED>
<DELETED> (6) coordinated operation between the Southwest
Pipeline Project of North Dakota and the Perkins County Rural
Water System, Inc., of South Dakota.</DELETED>
<DELETED> (c) Review and Revision.--The program described in
subsection (b) shall contain provisions for periodic review and
revision, in cooperation with the Secretary.</DELETED>
SEC. <DELETED>6. </DELETED>5. MITIGATION OF FISH AND WILDLIFE LOSSES.
Mitigation of fish and wildlife losses incurred as a result of the
construction and operation of the water supply system shall be on an
acre-for-acre basis, based on ecological equivalency, concurrent with
project construction, as provided in the feasibility study.
SEC. <DELETED>7. </DELETED>6. USE OF PICK-SLOAN POWER.
(a) In General.--From power designated for future irrigation and
drainage pumping for the Pick-Sloan Missouri River Basin Program, the
Western Area Power Administration shall make available the capacity and
energy required to meet the pumping and incidental operational
requirements of the water supply system during the period beginning May
1 and ending October 31 of each year.
(b) Conditions.--The capacity and energy described in subsection
(a) shall be made available on the following conditions:
(1) The water supply system shall be operated on a not-for-
profit basis.
(2) The water supply system shall contract to purchase its
entire electric service requirements, including the capacity
and energy made available under subsection (a), from a
qualified preference power supplier that itself purchases power
from the Western Area Power Administration.
(3) The rate schedule applicable to the capacity and energy
made available under subsection (a) shall be the firm power
rate schedule of the Pick-Sloan Eastern Division of the Western
Area Power Administration in effect when the power is delivered
by the Administration.
(4) It shall be agreed by contract among--
(A) the Western Area Power Administration;
(B) the power supplier with which the water supply
system contracts under paragraph (2);
(C) the power supplier of the entity described in
subparagraph (B); and
(D) the Perkins County Rural Water System, Inc.;
that in the case of the capacity and energy made available
under subsection (a), the benefit of the rate schedule
described in paragraph (3) shall be passed through to the water
supply system, except that the power supplier of the water
supply system shall not be precluded from including, in the
charges of the supplier to the water system for the electric
service, the other usual and customary charges of the supplier.
SEC. <DELETED>8. </DELETED>7. NO LIMITATION ON WATER PROJECTS IN
STATES.
This Act does not limit the authorization for water projects in
South Dakota and North Dakota under law in effect on or after the date
of enactment of this Act.
SEC. <DELETED>9. </DELETED>8. WATER RIGHTS.
Nothing in this Act--
(1) invalidates or preempts State water law or an
interstate compact governing water;
(2) alters the rights of any State to any appropriated
share of the waters of any body of surface or ground water,
whether determined by past or future interstate compacts or by
past or future legislative or final judicial allocations;
(3) preempts or modifies any Federal or State law, or
interstate compact, dealing with water quality or disposal; or
(4) confers on any non-Federal entity the ability to
exercise any Federal right to the waters of any stream or to
any ground water resource.
SEC. <DELETED>10. </DELETED>9. FEDERAL SHARE.
The Federal share under section 4 shall be 75 percent of--
(1) the amount allocated in the total project construction
budget for the planning and construction of the water supply
system under section 4; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost
indices after March 1, 1995.
SEC. <DELETED>11. </DELETED>10. NON-FEDERAL SHARE.
The non-Federal share under section 4 shall be 25 percent of--
(1) the amount allocated in the total project construction
budget for the planning and construction of the water supply
system under section 4; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost
indices after March 1, 1995.
SEC. <DELETED>12. </DELETED>11. CONSTRUCTION OVERSIGHT.
(a) Authorization.--The Secretary may provide construction
oversight to the water supply system for areas of the water supply
system.
(b) Project Oversight Administration.--The amount of funds used by
the Secretary for planning and construction of the water supply system
may not exceed an amount equal to 3 percent of the amount provided in
the total project construction budget for the portion of the project to
be constructed in Perkins County, South Dakota.
SEC. <DELETED>13. </DELETED>12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) $15,000,000 for the planning and construction of the
water system under section 4; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost
indices after March 1, 1995.
Calendar No. 621
105th CONGRESS
2d Session
S. 2117
_______________________________________________________________________
A BILL
To authorize the construction of the Perkins County Rural Water System
and authorize financial assistance to the Perkins County Rural Water
System, Inc., a nonprofit corporation, in the planning and construction
of the water supply system, and for other purposes.
_______________________________________________________________________
September 25, 1998
Reported with amendments
Pages: 1 Other Popular 105th Congressional Bills Documents:
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