I
103D CONGRESS
2D SESSION
H. R. 4363
To authorize the construction of the Lewis and Clark Rural Water System
and to authorize assistance to the Lewis and Clark Rural Water System,
Inc., a nonprofit corporation, for the planning and construction of the
water supply system, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 5, 1994
Mr. JOHNSON of South Dakota (for himself, Mr. MINGE, and Mr. GRANDY)
introduced the following bill; which was referred to the Committee on
Natural Resources
A BILL
To authorize the construction of the Lewis and Clark Rural
Water System and to authorize assistance to the Lewis
and Clark Rural Water System, Inc., a nonprofit cor-
poration, for the planning and construction of the water
supply system, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Lewis and Clark Rural
Water System Act of 1994’’.
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SEC. 2. DEFINITIONS.
As used in this Act (unless the context clearly re-
quires otherwise):
(1) 
ENVIRONMENTAL
ENHANCEMENT.—The
term ‘‘environmental enhancement’’ means the wet-
land and wildlife enhancement activities that are
carried out substantially in accordance with the envi-
ronmental enhancement component of the feasibility
study.
(2) ENVIRONMENTAL
ENHANCEMENT
COMPO-
NENT.—The 
term 
‘‘environmental 
enhancement
component’’ means the component described in the
report entitled ‘‘Wetlands and Wildlife Enhancement
for the Lewis and Clark Rural Water System’’,
dated April 1991, that is included in the feasibility
study.
(3) FEASIBILITY STUDY.—The term ‘‘feasibility
study’’ means the study entitled ‘‘Feasibility Level
Evaluation of a Missouri River Regional Water Sup-
ply for South Dakota, Iowa and Minnesota’’, dated
September 1993, that includes a water conservation
plan, environmental report, and environmental en-
hancement component.
(4) MEMBER ENTITY.—The term ‘‘member en-
tity’’ means a rural water system or municipality
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that signed a Letter of Commitment to participate
in the Lewis and Clark Rural Water System.
(5) PROJECT
CONSTRUCTION
BUDGET.—The
term ‘‘project construction budget’’ means the de-
scription of the total amount of funds that are need-
ed for the construction of the water supply system,
as contained in the feasibility study.
(6) PUMPING AND INCIDENTAL OPERATIONAL
REQUIREMENTS.—The term ‘‘pumping and inciden-
tal operational requirements’’ means all power re-
quirements that are incidental to the operation of in-
take facilities, pumping stations, water treatment fa-
cilities, reservoirs, and pipelines up to the point of
delivery of water by the Lewis and Clark Rural
Water System to each member entity that distrib-
utes water at retail to individual users.
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(8) WATER SUPPLY SYSTEM.—The term ‘‘water
supply system’’ means the Lewis and Clark Rural
Water System that is established and operated sub-
stantially in accordance with the feasibility study.
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SEC. 3. FEDERAL ASSISTANCE FOR THE WATER SUPPLY
SYSTEM.
(a) IN GENERAL.—The Secretary is authorized to
make grants to the Lewis and Clark Rural Water System,
Inc., a nonprofit corporation, for the planning and con-
struction of the water supply system.
(b) SERVICE AREA.—The water supply system shall
provide for safe and adequate municipal, rural, and indus-
trial water supplies, environmental enhancement, mitiga-
tion of wetland areas, and water conservation in—
(1) Lake County, McCook County, Minnehaha
County, Turner County, Lincoln County, Clay Coun-
ty, and Union County, in southeastern South
Dakota;
(2) Rock County, and Nobles County, in south-
western Minnesota; and
(3) Lyon County, Sioux County, Osceola Coun-
ty, O’Brien County, Dickinson County, and Clay
County, in northwestern Iowa.
(c) AMOUNT OF GRANTS.—Grants made available
under subsection (a) to the Lewis and Clark Rural Water
System, Inc. shall not exceed the amount of funds author-
ized under section 10.
(d) LIMITATION ON AVAILABILITY OF CONSTRUC-
TION FUNDS.—The Secretary shall not obligate funds for
the construction of the water supply system until—
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(1) the requirements of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
have been met;
(2) a final engineering report has been prepared
and submitted to Congress not less than 90 days be-
fore the commencement of construction of the sys-
tem; and
(3) a water conservation program has been de-
veloped and implemented.
SEC. 4. FEDERAL ASSISTANCE FOR WETLAND AND WILD-
LIFE ENHANCEMENT.
(a) INITIAL DEVELOPMENT.—The Secretary shall
make grants and other funds available to Lewis and Clark
Rural Water System, Inc., and other private, State, and
Federal entities, for the initial development of the environ-
mental enhancement component.
(b) NONREIMBURSEMENT.—Funds provided under
subsection (a) shall be nonreimbursable and nonreturn-
able.
SEC. 5. WATER CONSERVATION PROGRAMS.
(a) PURPOSE.—The water conservation program re-
quired under this section shall be designed to ensure that
users of water from the water supply system will use the
best practicable technology and management techniques to
conserve water use.
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(b) DESCRIPTION.—The water conservation pro-
grams shall include—
(1) low consumption performance standards for
all newly installed plumbing fixtures;
(2) leak detection and repair programs;
(3) rate schedules that do not include declining
block rate schedules for municipal households and
special water users (as defined in the feasibility
study);
(4) public education programs and technical as-
sistance to member entities; and
(5) coordinated operation among each rural
water system, and each water supply facility in exist-
ence on the date of enactment of this Act, in the
service area of the system.
(c) REVIEW
AND REVISION.—The programs de-
scribed in subsection (b) shall contain provisions for peri-
odic review and revision, in cooperation with the Secretary.
SEC. 6. MITIGATION OF FISH AND WILDLIFE LOSSES.
Mitigation for fish and wildlife losses incurred as a
result of the construction and operation of the water sup-
ply system shall be on an acre-for-acre basis, based on eco-
logical equivalency, concurrent with project construction,
as provided in the feasibility study.
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SEC. 7. USE OF PICK–SLOAN POWER.
(a) IN GENERAL.—From power designated for future
irrigation and drainage pumping for the Pick-Sloan Mis-
souri Basin program, the Western Area Power Adminis-
tration shall make available the capacity and energy re-
quired to meet the pumping and incidental operational re-
quirements of the water supply system during the period
beginning May 1, and ending October 31, of each year.
(b) CONDITIONS.—The capacity and energy described
in subsection (a) shall be made available on the following
conditions:
(1) The water supply system shall be operated
on a not-for-profit basis.
(2) The water supply system shall contract to
purchase the entire electric service requirements of
the system, including the capacity and energy made
available under subsection (a), from a qualified pref-
erence power supplier that itself purchases power
from the Western Area Power Administration.
(3) The rate schedule applicable to the capacity
and energy made available under subsection (a) shall
be the firm power rate schedule of the Pick-Sloan
Eastern Division of the Western Area Power Admin-
istration in effect when the power is delivered by the
Administration.
(4) It shall be agreed by contract among—
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(A) the Western Area Power Administra-
tion;
(B) the power supplier with which the
water supply system contracts under paragraph
(2);
(C) the power supplier of the entity de-
scribed in subparagraph (B); and
(D) Lewis and Clark Rural Water System,
Inc.;
that in the case of the capacity and energy made
available under subsection (a), the benefit of the
rate schedule described in paragraph (3) shall be
passed through to the water supply system, except
that the power supplier of the water supply system
shall not be precluded from including, in the charges
of the supplier to the water system for the electric
service, the other usual and customary charges of
the supplier.
SEC. 8. NO LIMITATION ON WATER PROJECTS IN STATES.
This Act shall not limit the authorization for water
projects in South Dakota, Iowa, and Minnesota under law
in effect on or after the date of enactment of this Act.
SEC. 9. WATER RIGHTS.
Nothing in this Act—
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(1) invalidates or preempts State water law or
an interstate compact governing water;
(2) alters the rights of any State to any appro-
priated share of the waters of any body of surface
or ground water, whether determined by past or fu-
ture interstate compacts or by past or future legisla-
tive or final judicial allocations;
(3) preempts or modifies any Federal or State
law, or interstate compact, governing water quality
or disposal; or
(4) confers on any non-Federal entity the abil-
ity to exercise any Federal right to the waters of any
stream or to any ground water resource.
SEC. 10. FEDERAL COST SHARE.
The Secretary is authorized to provide funds equal
to 80 percent of—
(1) the amount allocated in the total project
construction budget for the planning and construc-
tion of the water supply system under section 3; and
(2) such sums as are necessary to defray in-
creases in development costs reflected in appropriate
engineering cost indices after September 1, 1993.
SEC. 11. NON-FEDERAL COST SHARE.
The non-Federal share of the costs allocated to the
water supply system shall be 20 percent of the—
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(1) the amount allocated in the total project
construction budget for the planning and construc-
tion of the water supply system under section 3; and
(2) such sums as are necessary to defray in-
creases in development costs reflected in appropriate
engineering cost indices after September 1, 1993.
SEC. 12. BUREAU OF RECLAMATION.
(a) AUTHORIZATION.—The Secretary is authorized to
allow the Bureau of Reclamation to provide project con-
struction oversight to the water supply system and envi-
ronmental enhancement component for those areas of the
water supply system that are described in section 3(b).
(b) PROJECT OVERSIGHT ADMINISTRATION.—The
amount of funds used by the Bureau of Reclamation for
planning and construction of the water supply system may
not exceed an amount equal to 1 percent of the amount
provided in the total project construction budget for the
entire project construction period.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There 
are 
authorized 
to 
be 
appropriated
$226,320,000 to carry out this Act, of which not less than
$8,487,000 shall be used for the initial development of the
environmental enhancement component under section 4,
to remain available until expended.
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