II

105TH CONGRESS

2D SESSION S. 2127

To forgive certain debt owed by the city of Dickinson, North Dakota.

IN THE SENATE OF THE UNITED STATES

JUNE 2, 1998

Mr. CONRAD (for himself and Mr. DORGAN) introduced the following bill;

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

A BILL

To forgive certain debt owed by the city of Dickinson, North

Dakota.

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

3 SECTION 1. FINDINGS.

4 Congress finds that—

5 (1) the Bureau of Reclamation constructed

6 structures known as the bascule gates on top of the

7 Dickinson Dam on the Heart River, North Dakota,

8 to provide additional water supply in the reservoir

9 known as Patterson Lake for the city of Dickinson,
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1 North Dakota, and for additional flood control and

2 other benefits;

3 (2) the gates had to be significantly modified in

4 1982 because of damage resulting from a large ice

5 block causing excessive pressure on the hydraulic

6 system, causing the system to fail;

7 (3) since 1991, the City has received its water

8 supply from the Southwest Water Authority, which

9 provides much higher quality water from the South10 west Pipeline Project;

11 (4) the City now receives almost no benefit

12 from the bascule gates because the City does not re13 quire the additional water provided by the bascule

14 gates for its municipal water supply;

15 (5) the City has repaid more than $1.1 million

16 to the United States for the construction of the bas17 cule gates, and has been working for several years

18 to reach an agreement with the Bureau of Reclama19 tion to alter its repayment contract;

20 (6) the City has a longstanding commitment to

21 improving the water quality and recreation value of

22 the reservoir and has been working with the United

23 States Geological Survey, the North Dakota Depart24 ment of Game and Fish, and the North Dakota De25 partment of Health to improve water quality; and
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1 (7) it is in the public interest to relieve the

2 United States from further risk or obligation in con3 nection with the collection of construction costs for

4 the bascule gates by providing for a single payment

5 to the United States in lieu of the scheduled annual

6 payments and for the termination of any further re7 payment obligation.

8 SEC. 2. DEFINITION.

9 In this Act:

10 (1) BASCULE GATES.—The term ‘‘bascule

11 gates’’ means the structure constructed on the Dam

12 to provide additional water storage capacity in the

13 Lake.

14 (2) CITY.—The term ‘‘City’’ means the city of

15 Dickinson, North Dakota.

16 (3) DAM.—The term ‘‘Dam’’ means Dickinson

17 Dam on the Heart River, North Dakota.

18 (4) LAKE.—The term ‘‘Lake’’ means the res19 ervoir known as ‘‘Patterson Lake’’ in the State of

20 North Dakota.

21 (5) SECRETARY.—The term ‘‘Secretary’’ means

22 the Secretary of the Interior, acting through the

23 Commissioner of the Bureau of Reclamation.
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1 SEC. 3. FORGIVENESS OF DEBT.

2 (a) IN GENERAL.—The Secretary shall accept a 1-

3 time payment of $150,000 in lieu of the existing repay4 ment obligations of the City under the Bureau of Reclama5 tion Contract No. 9–07–60W0384, dated December 19,

6 1988.

7 (b) OWNERSHIP.—Title to the Dam and bascule

8 gates shall remain with the United States.

9 (c) COSTS.—

10 (1) IN GENERAL.—In consultation with the City

11 and the State of North Dakota, the Secretary shall

12 reallocate responsibility for the operation and main13 tenance costs of the Dam and bascule gates.

14 (2) CONSIDERATION OF BENEFITS.—The re15 allocation of costs shall reflect the fact that the ben16 efits of the Dam and bascule gates are mainly for

17 flood control, recreation, and fish and wildlife pur18 poses.

19 (d) WATER QUALITY.—

20 (1) IN GENERAL.—The Secretary shall enter

21 into an agreement with the City to make activities

22 to improve water quality of the Lake and to enhance

23 the recreational value of the Lake the responsibility

24 of the City .
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1 (2) ASSISTANCE.—The City may seek the as2 sistance of Federal agencies to assist in improving

3 the water quality of the Lake.

4 (e) WATER SERVICE CONTRACTS.—The Secretary

5 may enter into appropriate water service contracts if the

6 City seeks to use water from the Lake for municipal water

7 supply or other purposes.

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