II 

116TH CONGRESS 

1ST SESSION S. 1882 

To make available the continued use of Pick-Sloan Missouri Basin Program 

project use power by the Kinsey Irrigation Company and the Sidney 

Water Users Irrigation District, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2019 

Mr. DAINES introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To make available the continued use of Pick-Sloan Missouri 

Basin Program project use power by the Kinsey Irrigation Company and the Sidney Water Users Irrigation 

District, 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, 

3 SECTION 1. CONTINUED USE OF PICK-SLOAN MISSOURI 

4 BASIN PROGRAM PROJECT USE POWER BY 

5 THE KINSEY IRRIGATION COMPANY AND THE 

6 SIDNEY WATER USERS IRRIGATION DISTRICT. 

7 (a) FINDINGS.—Congress finds that— 


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•S 1882 IS

1 (1) the Act of May 18, 1938 (52 Stat. 403, 

2 chapter 250; 16 U.S.C. 833 et seq.), authorized the 

3 completion, maintenance, and operation of the Fort 

4 Peck project; 

5 (2) section 2 of that Act (52 Stat. 404, chapter 

6 250; 16 U.S.C. 833a) authorized and directed the 

7 Bureau of Reclamation— 

8 (A) to transmit and sell electric energy 

9 generated by the Fort Peck project; and 

10 (B) ‘‘to interconnect the Fort Peck project 

11 with either private or with other Federal 

12 projects and publicly owned power systems now 

13 or hereafter constructed.’’; 

14 (3) section 9 of the Act of December 22, 1944 

15 (commonly known as the ‘‘Flood Control Act of 

16 1944’’) (58 Stat. 891, chapter 665)— 

17 (A) authorized the Missouri River Basin 

18 Project, now known as the ‘‘Pick-Sloan Mis19 souri Basin Program’’ (referred to in this sec20 tion as the ‘‘Program’’); 

21 (B) approved the comprehensive plan for 

22 the Program set forth in Senate Document 191 

23 and House Document 475, as revised and co24 ordinated by Senate Document 247, 78th Con25 gress; 


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1 (C) established a permanent administra2 tion for the development of the Missouri River 

3 Basin; and 

4 (D) incorporated the Fort Peck project as 

5 part of the Program; 

6 (4) in 1946, the Bureau of Reclamation entered 

7 into project use power contracts to provide the 

8 Kinsey Irrigation Company and the predecessor of 

9 the Sidney Water Users Irrigation District electrical 

10 service under the authority of the Act of May 18, 

11 1938 (52 Stat. 403, chapter 250; 16 U.S.C. 833 et 

12 seq.); 

13 (5) since 1946, the Bureau of Reclamation has 

14 approved 9 modifications to the project use power 

15 contracts between the Bureau of Reclamation, the 

16 Kinsey Irrigation Company, and the Sidney Water 

17 Users Irrigation District; 

18 (6) the project use power contracts in effect on 

19 the date of enactment of this Act provide electric 

20 service to the Kinsey Irrigation Company and the 

21 Sidney Water Users Irrigation District at the Pro22 gram rate of 2.5 mills per kilowatt-hour, including 

23 wheeling, through 2020; and 

24 (7) the Kinsey Irrigation Company and the Sid25 ney Water Users Irrigation District have reasonably 


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1 relied on the authority of the Act of May 18, 1938 

2 (52 Stat. 403, chapter 250; 16 U.S.C. 833 et seq.), 

3 and the fact that the Bureau of Reclamation has 

4 treated the Kinsey Irrigation Company and the Sid5 ney Water Users Irrigation District as irrigation 

6 pumping units of the Program for more than 74 

7 years. 

8 (b) AUTHORIZATION.—Notwithstanding any other 

9 provision of law and subject to subsection (c), the Sec10 retary of the Interior (acting through the Commissioner 

11 of Reclamation) shall continue to treat the irrigation 

12 pumping units known as the ‘‘Kinsey Irrigation Com13 pany’’ in Custer County, Montana and the ‘‘Sidney Water 

14 Users Irrigation District’’ in Richland County, Montana, 

15 or any successor to the Kinsey Irrigation Company or Sid16 ney Water Users Irrigation District, as irrigation pumping 

17 units of the Program for the purposes of wheeling, admin18 istration, and payment of project use power. 

19 (c) LIMITATION.—The quantity of power to be pro20 vided to the Kinsey Irrigation Company and the Sidney 

21 Water Users Irrigation District (including any successor 

22 to the Kinsey Irrigation Company or the Sidney Water 

23 Users Irrigation District) under subsection (b) may not 

24 exceed the maximum quantity of power provided to the 

25 Kinsey Irrigation Company and the Sidney Water Users 


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1 Irrigation District under the applicable contract for elec2 tric service in effect on the date of enactment of this Act. 

Æ 


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