I 

113TH CONGRESS 

1ST SESSION H. R. 2741 

To clarify that, with respect to each Missouri River mainstem reservoir 

of the Corps of Engineers located in a State, the State maintains authority to allocate and appropriate the quantity of water in the reservoir 

that is attributable to the natural flows of the Missouri River within 

the boundaries of the State, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 18, 2013 

Mrs. NOEM (for herself and Mr. CRAMER) introduced the following bill; which 

was referred to the Committee on Transportation and Infrastructure 

A BILL 

To clarify that, with respect to each Missouri River mainstem 

reservoir of the Corps of Engineers located in a State, 

the State maintains authority to allocate and appropriate 

the quantity of water in the reservoir that is attributable 

to the natural flows of the Missouri River within the 

boundaries of the State, 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, 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 2741 IH

1 SECTION 1. STATE AUTHORITY TO ALLOCATE AND APPRO2 PRIATE WATERS IN MISSOURI RIVER 

3 MAINSTEM RESERVOIRS. 

4 (a) DECLARATION OF POLICY.—It is declared to be 

5 the policy of Congress that— 

6 (1) a State has authority to manage the waters 

7 of rivers located within the boundaries of the State; 

8 and 

9 (2) accordingly, with respect to each Missouri 

10 River mainstem reservoir of the Corps of Engineers, 

11 the State in which the reservoir is located maintains 

12 authority to allocate and appropriate the quantity of 

13 water in the reservoir that is attributable to the nat14 ural flows of the Missouri River within the bound15 aries of the State. 

16 (b) NATURAL FLOWS.—For purposes of this sec17 tion— 

18 (1) the term ‘‘natural flows’’ means waters of 

19 the Missouri River that would be flowing in a State 

20 in the absence of a dam that forms a Missouri River 

21 mainstem reservoir of the Corps of Engineers; and 

22 (2) the quantity of natural flows shall be deter23 mined based on average monthly flows (excluding 

24 depletions) and shall be calculated for the entire pe25 riod of record, including the periods before, during, 

26 and after construction of any dams or reservoirs. 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 2741 IH

1 (c) MISSOURI RIVER SYSTEM RESERVOIRS.— 

2 (1) POLICIES AND PROCEDURES.—All policies 

3 and procedures for the operations of Missouri River 

4 mainstem reservoirs of the Corps of Engineers shall 

5 be consistent with the declared policy under sub6 section (a). 

7 (2) DETERMINATION OF NATURAL FLOWS.— 

8 With respect to each Missouri River mainstem res9 ervoir of the Corps of Engineers, the Secretary shall 

10 determine, in consultation with the State in which 

11 the reservoir is located, the quantity of water in the 

12 reservoir that is attributable to the natural flows of 

13 the Missouri River within the boundaries of the 

14 State. 

15 (3) JUDICIAL REVIEW.—A State may seek judi16 cial review of a determination under paragraph (2) 

17 under chapter 7 of title 5, United States Code. 

18 (4) PROHIBITION ON FEES.— 

19 (A) IN GENERAL.—The Secretary may not 

20 charge a fee in connection with water attrib21 utable to the natural flows of the Missouri 

22 River. 

23 (B) INTERIM RULE.—Until the quantity of 

24 the natural flows of the Missouri River within 

25 the boundaries of a State is determined under 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•HR 2741 IH

1 subsection (c)(2) through final agency action, 

2 the Secretary may not charge any fee in con3 nection with water of the Missouri River in the 

4 State, without the consent of the State. 

5 (5) REPORT TO CONGRESS.—Not later than 

6 180 days after the date of enactment of this Act, the 

7 Secretary shall submit to Congress a report on de8 terminations made under paragraph (2). 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS