II 

Calendar No. 659 

115TH CONGRESS 

2D SESSION S. 685 

[Report No. 115–373] 

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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 21, 2017 

Mr. DAINES (for himself and Mr. TESTER) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

NOVEMBER 15, 2018 

Reported by Ms. MURKOWSKI, with an amendment and an amendment to the 

title 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Clean Water for Rural 

3 Communities Act’’. 

4 SEC. 2. PURPOSE. 

5 The purpose of this Act is to ensure a safe and ade6 quate municipal, rural, and industrial water supply for the 

7 citizens of— 

8 (1) Dawson, Garfield, McCone, Prairie, Rich9 land, Judith Basin, Wheatland, Golden Valley, Fer10 gus, Yellowstone, and Musselshell Counties in the 

11 State of Montana; and 

12 (2) McKenzie County, North Dakota. 

13 SEC. 3. DEFINITIONS. 

14 In this Act: 

15 (1) ADMINISTRATOR.—The term ‘‘Adminis16 trator’’ means the Administrator of the Western 

17 Area Power Administration. 

18 (2) AUTHORITY.—The term ‘‘Authority’’ 

19 means— 

20 (A) in the case of the Dry-Redwater Re21 gional Water Authority System— 

22 (i) the Dry-Redwater Regional Water 

23 Authority, which is a publicly owned non24 profit water authority formed in accord25 ance with Mont. Code Ann. § 75–6–302 

26 (2007); and 


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1 (ii) any nonprofit successor entity to 

2 the Authority described in clause (i); and 

3 (B) in the case of the Musselshell-Judith 

4 Rural Water System— 

5 (i) the Central Montana Regional 

6 Water Authority, which is a publicly owned 

7 nonprofit water authority formed in ac8 cordance with Mont. Code Ann. § 75–6– 

9 302 (2007); and 

10 (ii) any nonprofit successor entity to 

11 the Authority described in clause (i). 

12 (3) DRY-REDWATER REGIONAL WATER AU13 THORITY SYSTEM.—The term ‘‘Dry-Redwater Re14 gional Water Authority System’’ means the Dry15 Redwater Regional Water Authority System author16 ized under section 4(a)(1) with a project service area 

17 that includes— 

18 (A) Garfield and McCone Counties in the 

19 State; 

20 (B) the area west of the Yellowstone River 

21 in Dawson and Richland Counties in the State; 

22 (C) T. 15 N. (including the area north of 

23 the Township) in Prairie County in the State; 

24 and 


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1 (D) the portion of McKenzie County, 

2 North Dakota, that includes all land that is lo3 cated west of the Yellowstone River in the State 

4 of North Dakota. 

5 (4) INTEGRATED SYSTEM.—The term ‘‘inte6 grated system’’ means the transmission system 

7 owned by the Western Area Power Administration 

8 Basin Electric Power District and the Heartland 

9 Consumers Power District. 

10 (5) MUSSELSHELL-JUDITH RURAL WATER SYS11 TEM.—The term ‘‘Musselshell-Judith Rural Water 

12 System’’ means the Musselshell-Judith Rural Water 

13 System authorized under section 4(a)(2) with a 

14 project service area that includes— 

15 (A) Judith Basin, Wheatland, Golden Val16 ley, and Musselshell Counties in the State; 

17 (B) the portion of Yellowstone County in 

18 the State within 2 miles of State Highway 3 

19 and within 4 miles of the county line between 

20 Golden Valley and Yellowstone Counties in the 

21 State, inclusive of the Town of Broadview, 

22 Montana; and 

23 (C) the portion of Fergus County in the 

24 State within 2 miles of U.S. Highway 87 and 

25 within 4 miles of the county line between FerVerDate Sep 11 2014 22:01 Nov 15, 2018 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S685.RS S685

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1 gus and Judith Basin Counties in the State, in2 clusive of the Town of Moore, Montana. 

3 (6) NON-FEDERAL DISTRIBUTION SYSTEM.— 

4 The term ‘‘non-Federal distribution system’’ means 

5 a non-Federal utility that provides electricity to the 

6 counties covered by the Dry-Redwater Regional 

7 Water Authority System. 

8 (7) PICK-SLOAN PROGRAM.—The term ‘‘Pick9 Sloan program’’ means the Pick-Sloan Missouri 

10 River Basin Program (authorized by section 9 of the 

11 Act of December 22, 1944 (commonly known as the 

12 ‘‘Flood Control Act of 1944’’) (58 Stat. 891, chapter 

13 665)). 

14 (8) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (9) STATE.—The term ‘‘State’’ means the State 

17 of Montana. 

18 (10) WATER SYSTEM.—The term ‘‘Water Sys19 tem’’ means— 

20 (A) the Dry-Redwater Regional Water Au21 thority System; and 

22 (B) the Musselshell-Judith Rural Water 

23 System. 


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1 SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYS2 TEM AND MUSSELSHELL-JUDITH RURAL 

3 WATER SYSTEM. 

4 (a) AUTHORIZATION.—The Secretary may carry 

5 out— 

6 (1) the project entitled the ‘‘Dry-Redwater Re7 gional Water Authority System’’ in a manner that is 

8 substantially in accordance with the feasibility study 

9 entitled ‘‘Dry-Redwater Regional Water System Fea10 sibility Study’’ (including revisions of the study), 

11 which received funding from the Bureau of Reclama12 tion on September 1, 2010; and 

13 (2) the project entitled the ‘‘Musselshell-Judith 

14 Rural Water System’’ in a manner that is substan15 tially in accordance with the feasibility report enti16 tled ‘‘Musselshell-Judith Rural Water System Feasi17 bility Report’’ (including any and all revisions of the 

18 report). 

19 (b) COOPERATIVE AGREEMENT.—The Secretary shall 

20 enter into a cooperative agreement with the Authority to 

21 provide Federal assistance for the planning, design, and 

22 construction of the Water Systems. 

23 (c) COST-SHARING REQUIREMENT.— 

24 (1) FEDERAL SHARE.— 

25 (A) IN GENERAL.—The Federal share of 

26 the costs relating to the planning, design, and 


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1 construction of the Water Systems shall not ex2 ceed— 

3 (i) in the case of the Dry-Redwater 

4 Regional Water Authority System— 

5 (I) 75 percent of the total cost of 

6 the Dry-Redwater Regional Water Au7 thority System; or 

8 (II) such other lesser amount as 

9 may be determined by the Secretary, 

10 acting through the Commissioner of 

11 Reclamation, in a feasibility report; or 

12 (ii) in the case of the Musselshell-Ju13 dith Rural Water System, 75 percent of 

14 the total cost of the Musselshell-Judith 

15 Rural Water System. 

16 (B) LIMITATION.—Amounts made avail17 able under subparagraph (A) shall not be re18 turnable or reimbursable under the reclamation 

19 laws. 

20 (2) USE OF FEDERAL FUNDS.— 

21 (A) GENERAL USES.—Subject to subpara22 graphs (B) and (C), the Water Systems may 

23 use Federal funds made available to carry out 

24 this section for— 

25 (i) facilities relating to— 


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1 (I) water pumping; 

2 (II) water treatment; and 

3 (III) water storage; 

4 (ii) transmission pipelines; 

5 (iii) pumping stations; 

6 (iv) appurtenant buildings, mainte7 nance equipment, and access roads; 

8 (v) any interconnection facility that 

9 connects a pipeline of the Water System to 

10 a pipeline of a public water system; 

11 (vi) electrical power transmission and 

12 distribution facilities required for the oper13 ation and maintenance of the Water Sys14 tem; 

15 (vii) any other facility or service re16 quired for the development of a rural water 

17 distribution system, as determined by the 

18 Secretary; and 

19 (viii) any property or property right 

20 required for the construction or operation 

21 of a facility described in this subsection. 

22 (B) ADDITIONAL USES.—In addition to the 

23 uses described in subparagraph (A)— 

24 (i) the Dry-Redwater Regional Water 

25 Authority System may use Federal funds 


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1 made available to carry out this section 

2 for— 

3 (I) facilities relating to water in4 take; and 

5 (II) distribution, pumping, and 

6 storage facilities that— 

7 (aa) serve the needs of citi8 zens who use public water sys9 tems; 

10 (bb) are in existence on the 

11 date of enactment of this Act; 

12 and 

13 (cc) may be purchased, im14 proved, and repaired in accord15 ance with a cooperative agree16 ment entered into by the Sec17 retary under subsection (b); and 

18 (ii) the Musselshell-Judith Rural 

19 Water System may use Federal funds 

20 made available to carry out this section 

21 for— 

22 (I) facilities relating to— 

23 (aa) water supply wells; and 

24 (bb) distribution pipelines; 

25 and 


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1 (II) control systems. 

2 (C) LIMITATION.—Federal funds made 

3 available to carry out this section shall not be 

4 used for the operation, maintenance, or replace5 ment of the Water Systems. 

6 (D) TITLE.—Title to the Water Systems 

7 shall be held by the Authority. 

8 SEC. 5. USE OF POWER FROM PICK-SLOAN PROGRAM BY 

9 THE DRY-REDWATER REGIONAL WATER AU10 THORITY SYSTEM. 

11 (a) FINDING.—Congress finds that— 

12 (1) McCone and Garfield Counties in the State 

13 were designated as impact counties during the pe14 riod in which the Fort Peck Dam was constructed; 

15 and 

16 (2) as a result of the designation, the Counties 

17 referred to in paragraph (1) were to receive impact 

18 mitigation benefits in accordance with the Pick19 Sloan program. 

20 (b) AVAILABILITY OF POWER.— 

21 (1) IN GENERAL.—Subject to paragraph (2), 

22 the Administrator shall make available to the Dry23 Redwater Regional Water Authority System a quantity of power required, of up to 11 24 ⁄2 megawatt capac25 ity, to meet the pumping and incidental operation 


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1 requirements of the Dry-Redwater Regional Water 

2 Authority System during the period beginning on 

3 May 1 and ending on October 31 of each year— 

4 (A) from the water intake facilities; and 

5 (B) through all pumping stations, water 

6 treatment facilities, reservoirs, storage tanks, 

7 and pipelines up to the point of delivery of 

8 water by the water supply system to all storage 

9 reservoirs and tanks and each entity that dis10 tributes water at retail to individual users. 

11 (2) ELIGIBILITY.—The Dry-Redwater Regional 

12 Water Authority System shall be eligible to receive 

13 power under paragraph (1) if the Dry-Redwater Re14 gional Water Authority System— 

15 (A) operates on a not-for-profit basis; and 

16 (B) is constructed pursuant to a coopera17 tive agreement entered into by the Secretary 

18 under section 4(b). 

19 (3) RATE.—The Administrator shall establish 

20 the cost of the power described in paragraph (1) at 

21 the firm power rate. 

22 (4) ADDITIONAL POWER.— 

23 (A) IN GENERAL.—If power, in addition to 

24 that made available to the Dry-Redwater Re25 gional Water Authority System under paraVerDate Sep 11 2014 22:01 Nov 15, 2018 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S685.RS S685

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1 graph (1), is necessary to meet the pumping re2 quirements of the Dry-Redwater Regional 

3 Water Authority, the Administrator may pur4 chase the necessary additional power at the best 

5 available rate. 

6 (B) REIMBURSEMENT.—The cost of pur7 chasing additional power shall be reimbursed to 

8 the Administrator by the Dry-Redwater Re9 gional Water Authority. 

10 (5) RESPONSIBILITY FOR POWER CHARGES.— 

11 The Dry-Redwater Regional Water Authority shall 

12 be responsible for the payment of the power charge 

13 described in paragraph (4) and non-Federal delivery 

14 costs described in paragraph (6). 

15 (6) TRANSMISSION ARRANGEMENTS.— 

16 (A) IN GENERAL.—The Dry-Redwater Re17 gional Water Authority System shall be respon18 sible for all non-Federal transmission and dis19 tribution system delivery and service arrange20 ments. 

21 (B) UPGRADES.—The Dry-Redwater Re22 gional Water Authority System shall be respon23 sible for funding any transmission upgrades, if 

24 required, to the integrated system necessary to 


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1 deliver power to the Dry-Redwater Regional 

2 Water Authority System. 

3 SEC. 6. WATER RIGHTS. 

4 Nothing in this Act— 

5 (1) preempts or affects any State water law; or 

6 (2) affects any authority of a State, as in effect 

7 on the date of enactment of this Act, to manage 

8 water resources within that State. 

9 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) AUTHORIZATION.—There are authorized to be ap11 propriated such sums as are necessary to carry out the 

12 planning, design, and construction of the Water Systems, 

13 substantially in accordance with the cost estimate set forth 

14 in the applicable feasibility study or feasibility report de15 scribed in section 4(a). 

16 (b) COST INDEXING.— 

17 (1) IN GENERAL.—The amount authorized to 

18 be appropriated under subsection (a) may be in19 creased or decreased in accordance with ordinary 

20 fluctuations in development costs incurred after the 

21 applicable date specified in paragraph (2), as indi22 cated by any available engineering cost indices appli23 cable to construction activities that are similar to 

24 the construction of the Water Systems. 


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1 (2) APPLICABLE DATES.—The date referred to 

2 in paragraph (1) is— 

3 (A) in the case of the Dry-Redwater Re4 gional Water Authority System, January 1, 

5 2008; and 

6 (B) in the case of the Musselshell-Judith 

7 Rural Water Authority System, November 1, 

8 2014. 

9 SECTION 1. SHORT TITLE. 

10 This Act may be cited as the ‘‘Clean Water for Rural 

11 Communities Act’’. 

12 SEC. 2. PURPOSE. 

13 The purpose of this Act is to ensure a safe and ade14 quate municipal, rural, and industrial water supply for the 

15 citizens of— 

16 (1) Dawson, Garfield, McCone, Prairie, Rich17 land, Judith Basin, Wheatland, Golden Valley, Fer18 gus, Yellowstone, and Musselshell Counties in the 

19 State of Montana; and 

20 (2) McKenzie County, North Dakota. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

23 (1) AUTHORITY.—The term ‘‘Authority’’ 

24 means— 


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1 (A) the Central Montana Regional Water 

2 Authority, a publicly owned nonprofit water au3 thority formed in accordance with Mont. Code 

4 Ann. Sec. 75-6-302 (2007); and 

5 (B) any nonprofit successor entity to the 

6 Authority described in subparagraph (A). 

7 (2) MUSSELSHELL-JUDITH RURAL WATER SYS8 TEM.—The term ‘‘Musselshell-Judith Rural Water 

9 System’’ means the Musselshell-Judith Rural Water 

10 System authorized under section 4(a), with a project 

11 service area that includes— 

12 (A) Judith Basin, Wheatland, Golden Val13 ley, and Musselshell Counties in the State; 

14 (B) the portion of Yellowstone County in 

15 the State within 2 miles of State Highway 3 and 

16 within 4 miles of the county line between Golden 

17 Valley and Yellowstone Counties in the State, in18 clusive of the Town of Broadview, Montana; and 

19 (C) the portion of Fergus County in the 

20 State within 2 miles of U.S. Highway 87 and 

21 within 4 miles of the county line between Fergus 

22 and Judith Basin Counties in the State, inclu23 sive of the Town of Moore, Montana. 

24 (3) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of the Interior. 


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1 (4) STATE.—The term ‘‘State’’ means the State 

2 of Montana. 

3 SEC. 4. MUSSELSHELL-JUDITH RURAL WATER SYSTEM. 

4 (a) AUTHORIZATION.—The Secretary may carry out 

5 the planning, design, and construction of the Musselshell6 Judith Rural Water System in a manner that is substan7 tially in accordance with the feasibility report entitled 

8 ‘‘Musselshell-Judith Rural Water System Feasibility Re9 port’’ (including any and all revisions of the report). 

10 (b) COOPERATIVE AGREEMENT.—The Secretary shall 

11 enter into a cooperative agreement with the Authority to 

12 provide Federal assistance for the planning, design, and 

13 construction of the Musselshell-Judith Rural Water System. 

14 (c) COST-SHARING REQUIREMENT.— 

15 (1) FEDERAL SHARE.— 

16 (A) IN GENERAL.—The Federal share of the 

17 costs relating to the planning, design, and con18 struction of the Musselshell-Judith Rural Water 

19 System shall not exceed 65 percent of the total 

20 cost of the Musselshell-Judith Rural Water Sys21 tem. 

22 (B) LIMITATION.—Amounts made available 

23 under subparagraph (A) shall not be returnable 

24 or reimbursable under the reclamation laws. 

25 (2) USE OF FEDERAL FUNDS.— 


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1 (A) GENERAL USES.—Subject to subpara2 graph (B), the Musselshell-Judith Rural Water 

3 System may use Federal funds made available to 

4 carry out this section for— 

5 (i) facilities relating to— 

6 (I) water pumping; 

7 (II) water treatment; 

8 (III) water storage; 

9 (IV) water supply wells; 

10 (V) distribution pipelines; and 

11 (VI) control systems; 

12 (ii) transmission pipelines; 

13 (iii) pumping stations; 

14 (iv) appurtenant buildings, mainte15 nance equipment, and access roads; 

16 (v) any interconnection facility that 

17 connects a pipeline of the Musselshell-Judith 

18 Rural Water System to a pipeline of a pub19 lic water system; 

20 (vi) electrical power transmission and 

21 distribution facilities required for the oper22 ation and maintenance of the Musselshell23 Judith Rural Water System; 

24 (vii) any other facility or service re25 quired for the development of a rural water 


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1 distribution system, as determined by the 

2 Secretary; and 

3 (viii) any property or property right 

4 required for the construction or operation of 

5 a facility described in this subsection. 

6 (B) LIMITATION.—Federal funds made 

7 available to carry out this section shall not be 

8 used for the operation, maintenance, or replace9 ment of the Musselshell-Judith Rural Water Sys10 tem. 

11 (C) TITLE.—Title to the Musselshell-Judith 

12 Rural Water System shall be held by the Author13 ity. 

14 SEC. 5. DRY-REDWATER FEASIBILITY STUDY. 

15 (a) DEFINITIONS.—In this section: 

16 (1) DRY-REDWATER REGIONAL WATER AUTHOR17 ITY.—The term ‘‘Dry-Redwater Regional Water Au18 thority’’ means— 

19 (A) the Dry-Redwater Regional Water Au20 thority, a publicly owned nonprofit water au21 thority formed in accordance with Mont. Code 

22 Ann. § 75–6–302 (2007); and 

23 (B) any nonprofit successor entity to the 

24 Authority described in subparagraph (A). 


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1 (2) DRY-REDWATER REGIONAL WATER AUTHOR2 ITY SYSTEM.—The term ‘‘Dry-Redwater Regional 

3 Water Authority System’’ means the project entitled 

4 the ‘‘Dry-Redwater Regional Water Authority Sys5 tem’’, with a project service area that includes— 

6 (A) Garfield and McCone Counties in the 

7 State; 

8 (B) the area west of the Yellowstone River 

9 in Dawson and Richland Counties in the State; 

10 (C) T. 15 N. (including the area north of 

11 the Township) in Prairie County in the State; 

12 and 

13 (D) the portion of McKenzie County, North 

14 Dakota, that includes all land that is located 

15 west of the Yellowstone River in the State of 

16 North Dakota. 

17 (3) RECLAMATION FEASIBILITY STANDARDS.— 

18 The term ‘‘reclamation feasibility standards’’ means 

19 the eligibility criteria and feasibility study require20 ments described in section 106 of the Reclamation 

21 Rural Water Supply Act of 2006 (43 U.S.C. 2405) 

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

23 (4) SUBMITTED FEASIBILITY STUDY.—The term 

24 ‘‘submitted feasibility study’’ means the feasibility 

25 study entitled ‘‘Dry-Redwater Regional Water System 


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1 Feasibility Study’’ (including revisions of the study), 

2 which received funding from the Bureau of Reclama3 tion on September 1, 2010. 

4 (b) STUDY.— 

5 (1) IN GENERAL.—The Secretary, in consultation 

6 with the Dry-Redwater Regional Water Authority, 

7 may undertake a study, including a review of the sub8 mitted feasibility study, to determine the feasibility of 

9 constructing the Dry-Redwater Regional Water Sys10 tem. 

11 (2) REQUIREMENT.—The study under paragraph 

12 (1) shall comply with the reclamation feasibility 

13 standards. 

14 (c) COOPERATIVE AGREEMENT.—If the Secretary de15 termines that the study under subsection (b) does not com16 ply with the reclamation feasibility standards, the Sec17 retary may enter into a cooperative agreement with the 

18 Dry-Redwater Regional Water Authority to complete addi19 tional work to ensure that the study complies with the rec20 lamation feasibility standards. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to the Secretary $5,000,000 

23 to carry out this section. 


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1 (e) TERMINATION.—The authority provided by this 

2 section shall expire on the date that is 5 years after the 

3 date of enactment of this Act. 

4 SEC. 6. WATER RIGHTS. 

5 Nothing in this Act— 

6 (1) preempts or affects any State water law; or 

7 (2) affects any authority of a State, as in effect 

8 on the date of enactment of this Act, to manage water 

9 resources within that State. 

10 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) AUTHORIZATION.—There is authorized to be ap12 propriated to carry out the planning, design, and construc13 tion of the Musselshell-Judith Rural Water System, sub14 stantially in accordance with the cost estimate set forth in 

15 the feasibility report described in section 4(a), $56,650,000. 

16 (b) COST INDEXING.—The amount authorized to be ap17 propriated under subsection (a) may be increased or de18 creased in accordance with ordinary fluctuations in devel19 opment costs incurred after November 1, 2014, as indicated 

20 by any available engineering cost indices applicable to con21 struction activities that are similar to the construction of 

22 the Musselshell-Judith Rural Water System. 

Amend the title so as to read: ‘‘A bill to authorize 

the construction of the Musselshell-Judith Rural Water 

System and study of the Dry-Redwater Regional Water 


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Authority System in the States of Montana and North 

Dakota, and for other purposes.’’. 


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Calendar No. 659 

115TH CONGRESS 

2D SESSION S. 685 

[Report No. 115–373] 

A BILL 

To authorize the Dry-Redwater Regional Water AuNorth Dakota, and for other purposes. Water System in the States of Montana and thority System and the Musselshell-Judith Rural 

NOVEMBER 15, 2018 

Reported with an amendment and an amendment to the 

title 


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