II 

Calendar No. 310 

116TH CONGRESS 

1ST SESSION S. 1882 

[Report No. 116–161] 

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 

NOVEMBER 21, 2019 

Reported by Ms. MURKOWSKI, with an amendment 

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

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, 


kjohnson on DSK79L0C42 with BILLS
2 

•S 1882 RS

1 SECTION 1. CONTINUED USE OF PICK-SLOAN MISSOURI 

2 BASIN PROGRAM PROJECT USE POWER BY 

3 THE KINSEY IRRIGATION COMPANY AND THE 

4 SIDNEY WATER USERS IRRIGATION DISTRICT. 

5 (a) FINDINGS.—Congress finds that— 

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

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

8 completion, maintenance, and operation of the Fort 

9 Peck project; 

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

11 250; 16 U.S.C. 833a) authorized and directed the 

12 Bureau of Reclamation— 

13 (A) to transmit and sell electric energy 

14 generated by the Fort Peck project; and 

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

16 with either private or with other Federal 

17 projects and publicly owned power systems now 

18 or hereafter constructed.’’; 

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

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

21 1944’’) (58 Stat. 891, chapter 665)— 

22 (A) authorized the Missouri River Basin 

23 Project, now known as the ‘‘Pick-Sloan Mis24 souri Basin Program’’ (referred to in this sec25 tion as the ‘‘Program’’); 


kjohnson on DSK79L0C42 with BILLS
3 

•S 1882 RS

1 (B) approved the comprehensive plan for 

2 the Program set forth in Senate Document 191 

3 and House Document 475, as revised and co4 ordinated by Senate Document 247, 78th Con5 gress; 

6 (C) established a permanent administra7 tion for the development of the Missouri River 

8 Basin; and 

9 (D) incorporated the Fort Peck project as 

10 part of the Program; 

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

12 into project use power contracts to provide the 

13 Kinsey Irrigation Company and the predecessor of 

14 the Sidney Water Users Irrigation District electrical 

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

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

17 seq.); 

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

19 approved 9 modifications to the project use power 

20 contracts between the Bureau of Reclamation, the 

21 Kinsey Irrigation Company, and the Sidney Water 

22 Users Irrigation District; 

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

24 the date of enactment of this Act provide electric 

25 service to the Kinsey Irrigation Company and the 


kjohnson on DSK79L0C42 with BILLS
4 

•S 1882 RS

1 Sidney Water Users Irrigation District at the Pro2 gram rate of 2.5 mills per kilowatt-hour, including 

3 wheeling, through 2020; and 

4 (7) the Kinsey Irrigation Company and the Sid5 ney Water Users Irrigation District have reasonably 

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

7 (52 Stat. 403, chapter 250; 16 U.S.C. 833 et seq.), 

8 and the fact that the Bureau of Reclamation has 

9 treated the Kinsey Irrigation Company and the Sid10 ney Water Users Irrigation District as irrigation 

11 pumping units of the Program for more than 74 

12 years. 

13 (b) AUTHORIZATION.—Notwithstanding any other 

14 provision of law and subject to subsection (c), the Sec15 retary of the Interior (acting through the Commissioner 

16 of Reclamation) shall continue to treat the irrigation 

17 pumping units known as the ‘‘Kinsey Irrigation Com18 pany’’ in Custer County, Montana and the ‘‘Sidney Water 

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

20 or any successor to the Kinsey Irrigation Company or Sid21 ney Water Users Irrigation District, as irrigation pumping 

22 units of the Program for the purposes of wheeling, admin23 istration, and payment of project use power. 

24 (c) LIMITATION.—The quantity of power to be pro25 vided to the Kinsey Irrigation Company and the Sidney 


kjohnson on DSK79L0C42 with BILLS
5 

•S 1882 RS

1 Water Users Irrigation District (including any successor 

2 to the Kinsey Irrigation Company or the Sidney Water 

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

4 exceed the maximum quantity of power provided to the 

5 Kinsey Irrigation Company and the Sidney Water Users 

6 Irrigation District under the applicable contract for elec7 tric service in effect on the date of enactment of this Act. 

8 SECTION 1. CONTINUED USE OF PICK-SLOAN MISSOURI 

9 BASIN PROGRAM PROJECT USE POWER BY 

10 THE KINSEY IRRIGATION COMPANY AND THE 

11 SIDNEY WATER USERS IRRIGATION DISTRICT. 

12 (a) AUTHORIZATION.—Notwithstanding any other 

13 provision of law and subject to subsection (b), the Secretary 

14 of the Interior (acting through the Commissioner of Rec15 lamation) shall continue to treat the irrigation pumping 

16 units known as the ‘‘Kinsey Irrigation Company’’ in Custer 

17 County, Montana and the ‘‘Sidney Water Users Irrigation 

18 District’’ in Richland County, Montana, or any successor 

19 to the Kinsey Irrigation Company or Sidney Water Users 

20 Irrigation District, as irrigation pumping units of the 

21 Pick-Sloan Missouri Basin Program for the purposes of 

22 wheeling, administration, and payment of project use 

23 power, including the applicability of provisions relating to 

24 the treatment of costs beyond the ability to pay under sec25 tion 9 of the Act of December 22, 1944 (commonly known 


kjohnson on DSK79L0C42 with BILLS
6 

•S 1882 RS

1 as the ‘‘Flood Control Act of 1944’’) (58 Stat. 891, chapter 

2 665). 

3 (b) LIMITATION.—The quantity of power to be pro4 vided to the Kinsey Irrigation Company and the Sidney 

5 Water Users Irrigation District (including any successor to 

6 the Kinsey Irrigation Company or the Sidney Water Users 

7 Irrigation District) under subsection (a) may not exceed the 

8 maximum quantity of power provided to the Kinsey Irriga9 tion Company and the Sidney Water Users Irrigation Dis10 trict under the applicable contract for electric service in ef11 fect on the date of enactment of this Act. 


kjohnson on DSK79L0C42 with BILLS

kjohnson on DSK79L0C42 with BILLS
Calendar No. 310 

116TH CONGRESS 

1ST SESSION S. 1882 

[Report No. 116–161] 

A BILL 

To make available the continued use of Pick-Sloan 

purposes. Water Users Irrigation District, and for other the Kinsey Irrigation Company and the Sidney Missouri Basin Program project use power by 

NOVEMBER 21, 2019 

Reported with an amendment 


kjohnson on DSK79L0C42 with BILLS