(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—
(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) the Fall River Water Users District,
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 STATE.
This Act shall not limit the authorization for water
projects in South Dakota and under law in effect on or
after the date of enactment of this Act.
SEC. 9. WATER RIGHTS.
Nothing in this Act—
(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, dealing with water qual-
ity 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 4; and
(2) such sums as are necessary to defray in-
creases in development costs reflected in appropriate
engineering cost indices after August 1, 1995.
SEC. 11. NON-FEDERAL COST SHARE.
The non-Federal share of the costs allocated to the
water supply system shall be 20 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 4; and
(2) such sums as are necessary to defray in-
creases in development costs reflected in appropriate
engineering cost indices after August 1, 1995.
SEC. 12. BUREAU OF RECLAMATION AUTHORIZATION.
(a) AUTHORIZATION.—The Secretary is authorized to
allow the Bureau of Reclamation to provide construction
oversight to the water supply system for those areas of
the water supply system that are described in section 4(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 3 percent of the amount
provided in the total project construction budget for the
portion of the projects to be constructed in Fall River
County, South Dakota.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $3,600,000
for the planning and construction of the water system
under section 4, plus such sums as are necessary to defray
increases in development costs reflected in appropriate en-
gineering cost indices after August 1, 1995.
Æ