Home > 106th Congressional Bills > S. 624 (enr) To authorize construction of the Fort Peck Reservation Rural Water System in the State of Montana, and for other purposes. [Enrolled bill] ...

S. 624 (enr) To authorize construction of the Fort Peck Reservation Rural Water System in the State of Montana, and for other purposes. [Enrolled bill] ...


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    (h) Title to Dry Prairie Rural Water System.--Title to the Dry 
Prairie Rural Water System shall be held by Dry Prairie Rural Water 
Association, Incorporated.

 SEC. 6. USE OF PICK-SLOAN POWER.

    (a) In General.--From power designated for future irrigation and 
drainage pumping for the Pick-Sloan Missouri Basin program, the Western 
Area Power Administration shall make available, at the firm power rate, 
the capacity and energy required to meet the pumping and incidental 
operational requirements of the Fort Peck Reservation Rural Water 
System.
    (b) Qualification to Use Pick-Sloan Power.--For as long as the Fort 
Peck Reservation rural water supply system operates on a not-for-profit 
basis, the portions of the water supply project constructed with 
assistance under this Act shall be eligible to receive firm power from 
the Pick-Sloan Missouri Basin program established by section 9 of the 
Act of December 22, 1944 (chapter 665; 58 Stat. 887), popularly known 
as the Flood Control Act of 1944.
    (c) Recovery of Expenses.--
            (1) Assiniboine and sioux rural water system.--In the case 
        of the Assiniboine and Sioux Rural Water System, the Western 
        Area Power Administration shall recover expenses associated 
        with power purchases under subsection (a) through a separate 
        power charge sufficient to cover such expenses. Such charge 
        shall be paid fully through the annual appropriations to the 
        Bureau of Indian Affairs.
            (2) Dry prairie rural water system.--In the case of the Dry 
        Prairie Rural Water System, the Western Area Power 
        Administration shall recover expenses associated with power 
        purchases under subsection (a) through a separate power charge 
        sufficient to cover expenses. Such charge shall be paid fully 
        by the Dry Prairie Rural Water System.
    (d) Additional Power.--If power in addition to that made available 
under subsection (a) is required to meet the pumping requirements of 
the Fort Peck Reservation Rural Water System, the Administrator of the 
Western Area Power Administration may purchase the necessary additional 
power at the best available rate. The costs of such purchases shall be 
reimbursed to the Administrator according to the terms identified in 
subsection (c).

SEC. 7. WATER CONSERVATION PLAN.

    (a) In General.--The Fort Peck Tribes and Dry Prairie Rural Water 
Association Incorporated shall develop a water conservation plan 
containing--
            (1) a description of water conservation objectives;
            (2) a description of appropriate water conservation 
        measures; and
            (3) a time schedule for implementing the measures and this 
        Act to meet the water conservation objectives.
    (b) Purpose.--The water conservation plan under subsection (a) 
shall be designed to ensure that users of water from the Assiniboine 
and Sioux Rural Water System and the Dry Prairie Rural Water System 
will use the best practicable technology and management techniques to 
conserve water.
    (c) Public Participation.--Section 210(c) of the Reclamation Reform 
Act of 1982 (43 U.S.C. 390jj(c)) shall apply to an activity authorized 
under this Act.

 SEC. 8. WATER RIGHTS.

    (a) In General.--This Act does not--
            (1) impair the validity of or preempt any provision of 
        State water law or any interstate compact governing water;
            (2) alter the right of any State to any appropriated share 
        of the water of any body of surface or ground water, whether 
        determined by any past or future interstate compact or by any 
        past or future legislative or final judicial allocation;
            (3) preempt or modify any Federal or State law or 
        interstate compact concerning water quality or disposal;
            (4) confer on any non-Federal entity the authority to 
        exercise any Federal right to the water of any stream or to any 
        ground water resource;
            (5) affect any right of the Fort Peck Tribes to water, 
        located within or outside the external boundaries of the Fort 
        Peck Indian Reservation, based on a treaty, compact, executive 
        order, agreement, Act of Congress, aboriginal title, the 
        decision in Winters v. United States, 207 U.S. 564 (1908) 
        (commonly known as the ``Winters Doctrine''), or other law; or
            (6) validate or invalidate any assertion of the existence, 
        nonexistence, or extinguishment of any water right held or 
        Indian water compact entered into by the Fort Peck Tribes or by 
        any other Indian tribe or individual Indian under Federal or 
        State law.
    (b) Offset Against Claims.--Any funds received by the Fort Peck 
Tribes pursuant to this Act shall be used to offset any claims for 
money damages against the United States by the Fort Peck Tribes, 
existing on the date of the enactment of this Act, for water rights 
based on a treaty, compact, executive order, agreement, Act of 
Congress, aboriginal title, the decision in Winters v. United States, 
207 U.S. 564 (1908), or other law.

 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) Assiniboine and Sioux Rural Water System.--There are authorized 
to be appropriated--
            (1) to the Bureau of Reclamation over a period of 10 fiscal 
        years, $124,000,000 for the planning, design, and construction 
        of the Assiniboine and Sioux Rural Water System; and
            (2) to the Bureau of Indian Affairs such sums as are 
        necessary for the operation and maintenance of the Assiniboine 
        and Sioux Rural Water System.
    (b) Dry Prairie Rural Water System.--There is authorized to be 
appropriated, over a period of 10 fiscal years, $51,000,000 for the 
planning, design, and construction of the Dry Prairie Rural Water 
System.
    (c) Cost Indexing.--The funds authorized to be appropriated may be 
increased or decreased by such amounts as are justified by reason of 
ordinary fluctuations in development costs incurred after October 1, 
1998, as indicated by engineering cost indices applicable for the type 
of construction involved.
            Attest:

                                                                          Clerk.

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