I 
115TH CONGRESS 
2D SESSION 
H. R. 5073 
To authorize the Dry-Redwater Regional Water Authority System and the 
Musselshell-Judith Rural Water System in the States of Montana and 
North Dakota, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 20, 2018 
Mr. GIANFORTE introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To authorize the Dry-Redwater Regional Water Authority 
System and the Musselshell-Judith Rural Water System 
in the States of Montana and North Dakota, 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 ‘‘Clean Water for Rural 
Communities Act’’. 
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SEC. 2. PURPOSE. 
The purpose of this Act is to ensure a safe and ade-
quate municipal, rural, and industrial water supply for the 
citizens of— 
(1) Dawson, Garfield, McCone, Prairie, Rich-
land, Judith Basin, Wheatland, Golden Valley, Fer-
gus, Yellowstone, and Musselshell Counties in the 
State of Montana; and 
(2) McKenzie County, North Dakota. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Western 
Area Power Administration. 
(2) 
AUTHORITY.—The 
term 
‘‘Authority’’ 
means— 
(A) in the case of the Dry-Redwater Re-
gional Water Authority System— 
(i) the Dry-Redwater Regional Water 
Authority, which is a publicly owned non-
profit water authority formed in accord-
ance with Mont. Code Ann. § 75–6–302 
(2007); and 
(ii) any nonprofit successor entity to 
the Authority described in clause (i); and 
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(B) in the case of the Musselshell-Judith 
Rural Water System— 
(i) the Central Montana Regional 
Water Authority, which is a publicly owned 
nonprofit water authority formed in ac-
cordance with Mont. Code Ann. § 75–6– 
302 (2007); and 
(ii) any nonprofit successor entity to 
the Authority described in clause (i). 
(3) DRY-REDWATER
REGIONAL
WATER
AU-
THORITY
SYSTEM.—The term ‘‘Dry-Redwater Re-
gional Water Authority System’’ means the Dry- 
Redwater Regional Water Authority System author-
ized under section 4(a)(1) with a project service area 
that includes— 
(A) Garfield and McCone Counties in the 
State; 
(B) the area west of the Yellowstone River 
in Dawson and Richland Counties in the State; 
(C) T. 15 N. (including the area north of 
the Township) in Prairie County in the State; 
and 
(D) the portion of McKenzie County, 
North Dakota, that includes all land that is lo-
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cated west of the Yellowstone River in the State 
of North Dakota. 
(4) INTEGRATED
SYSTEM.—The term ‘‘inte-
grated system’’ means the transmission system 
owned by the Western Area Power Administration 
Basin Electric Power District and the Heartland 
Consumers Power District. 
(5) MUSSELSHELL-JUDITH RURAL WATER SYS-
TEM.—The term ‘‘Musselshell-Judith Rural Water 
System’’ means the Musselshell-Judith Rural Water 
System authorized under section 4(a)(2) with a 
project service area that includes— 
(A) Judith Basin, Wheatland, Golden Val-
ley, and Musselshell Counties in the State; 
(B) the portion of Yellowstone County in 
the State within 2 miles of State Highway 3 
and within 4 miles of the county line between 
Golden Valley and Yellowstone Counties in the 
State, inclusive of the Town of Broadview, 
Montana; and 
(C) the portion of Fergus County in the 
State within 2 miles of U.S. Highway 87 and 
within 4 miles of the county line between Fer-
gus and Judith Basin Counties in the State, in-
clusive of the Town of Moore, Montana. 
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(6) NON-FEDERAL
DISTRIBUTION
SYSTEM.— 
The term ‘‘non-Federal distribution system’’ means 
a non-Federal utility that provides electricity to the 
counties covered by the Dry-Redwater Regional 
Water Authority System. 
(7) PICK-SLOAN PROGRAM.—The term ‘‘Pick- 
Sloan program’’ means the Pick-Sloan Missouri 
River Basin Program (authorized by section 9 of the 
Act of December 22, 1944 (commonly known as the 
‘‘Flood Control Act of 1944’’) (58 Stat. 891, chapter 
665)). 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(9) STATE.—The term ‘‘State’’ means the State 
of Montana. 
(10) WATER SYSTEM.—The term ‘‘Water Sys-
tem’’ means— 
(A) the Dry-Redwater Regional Water Au-
thority System; and 
(B) the Musselshell-Judith Rural Water 
System. 
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SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYS-
TEM 
AND 
MUSSELSHELL-JUDITH 
RURAL 
WATER SYSTEM. 
(a) AUTHORIZATION.—The Secretary may carry 
out— 
(1) the project entitled the ‘‘Dry-Redwater Re-
gional Water Authority System’’ in a manner that is 
substantially in accordance with the feasibility study 
entitled ‘‘Dry-Redwater Regional Water System Fea-
sibility Study’’ (including revisions of the study), 
which received funding from the Bureau of Reclama-
tion on September 1, 2010; and 
(2) the project entitled the ‘‘Musselshell-Judith 
Rural Water System’’ in a manner that is substan-
tially in accordance with the feasibility report enti-
tled ‘‘Musselshell-Judith Rural Water System Feasi-
bility Report’’ (including any and all revisions of the 
report). 
(b) COOPERATIVE AGREEMENT.—The Secretary shall 
enter into a cooperative agreement with the Authority to 
provide Federal assistance for the planning, design, and 
construction of the Water Systems. 
(c) COST-SHARING REQUIREMENT.— 
(1) FEDERAL SHARE.— 
(A) IN GENERAL.—The Federal share of 
the costs relating to the planning, design, and 
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construction of the Water Systems shall not ex-
ceed— 
(i) in the case of the Dry-Redwater 
Regional Water Authority System— 
(I) 75 percent of the total cost of 
the Dry-Redwater Regional Water Au-
thority System; or 
(II) such other lesser amount as 
may be determined by the Secretary, 
acting through the Commissioner of 
Reclamation, in a feasibility report; or 
(ii) in the case of the Musselshell-Ju-
dith Rural Water System, 75 percent of 
the total cost of the Musselshell-Judith 
Rural Water System. 
(B) LIMITATION.—Amounts made avail-
able under subparagraph (A) shall not be re-
turnable or reimbursable under the reclamation 
laws. 
(2) USE OF FEDERAL FUNDS.— 
(A) GENERAL USES.—Subject to subpara-
graphs (B) and (C), the Water Systems may 
use Federal funds made available to carry out 
this section for— 
(i) facilities relating to— 
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(I) water pumping; 
(II) water treatment; and 
(III) water storage; 
(ii) transmission pipelines; 
(iii) pumping stations; 
(iv) appurtenant buildings, mainte-
nance equipment, and access roads; 
(v) any interconnection facility that 
connects a pipeline of the Water System to 
a pipeline of a public water system; 
(vi) electrical power transmission and 
distribution facilities required for the oper-
ation and maintenance of the Water Sys-
tem; 
(vii) any other facility or service re-
quired for the development of a rural water 
distribution system, as determined by the 
Secretary; and 
(viii) any property or property right 
required for the construction or operation 
of a facility described in this subsection. 
(B) ADDITIONAL USES.—In addition to the 
uses described in subparagraph (A)— 
(i) the Dry-Redwater Regional Water 
Authority System may use Federal funds 
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made available to carry out this section 
for— 
(I) facilities relating to water in-
take; and 
(II) distribution, pumping, and 
storage facilities that— 
(aa) serve the needs of citi-
zens who use public water sys-
tems; 
(bb) are in existence on the 
date of enactment of this Act; 
and 
(cc) may be purchased, im-
proved, and repaired in accord-
ance with a cooperative agree-
ment entered into by the Sec-
retary under subsection (b); and 
(ii) 
the 
Musselshell-Judith 
Rural 
Water System may use Federal funds 
made available to carry out this section 
for— 
(I) facilities relating to— 
(aa) water supply wells; and 
(bb) distribution pipelines; 
and 
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(II) control systems. 
(C) LIMITATION.—Federal funds made 
available to carry out this section shall not be 
used for the operation, maintenance, or replace-
ment of the Water Systems. 
(D) TITLE.—Title to the Water Systems 
shall be held by the Authority. 
SEC. 5. USE OF POWER FROM PICK-SLOAN PROGRAM BY 
THE DRY-REDWATER REGIONAL WATER AU-
THORITY SYSTEM. 
(a) FINDING.—Congress finds that— 
(1) McCone and Garfield Counties in the State 
were designated as impact counties during the pe-
riod in which the Fort Peck Dam was constructed; 
and 
(2) as a result of the designation, the Counties 
referred to in paragraph (1) were to receive impact 
mitigation benefits in accordance with the Pick- 
Sloan program. 
(b) AVAILABILITY OF POWER.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Administrator shall make available to the Dry- 
Redwater Regional Water Authority System a quan-
tity of power required, of up to 11⁄2 megawatt capac-
ity, to meet the pumping and incidental operation 
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requirements of the Dry-Redwater Regional Water 
Authority System during the period beginning on 
May 1 and ending on October 31 of each year— 
(A) from the water intake facilities; and 
(B) through all pumping stations, water 
treatment facilities, reservoirs, storage tanks, 
and pipelines up to the point of delivery of 
water by the water supply system to all storage 
reservoirs and tanks and each entity that dis-
tributes water at retail to individual users. 
(2) ELIGIBILITY.—The Dry-Redwater Regional 
Water Authority System shall be eligible to receive 
power under paragraph (1) if the Dry-Redwater Re-
gional Water Authority System— 
(A) operates on a not-for-profit basis; and 
(B) is constructed pursuant to a coopera-
tive agreement entered into by the Secretary 
under section 4(b). 
(3) RATE.—The Administrator shall establish 
the cost of the power described in paragraph (1) at 
the firm power rate. 
(4) ADDITIONAL POWER.— 
(A) IN GENERAL.—If power, in addition to 
that made available to the Dry-Redwater Re-
gional Water Authority System under para-
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graph (1), is necessary to meet the pumping re-
quirements of the Dry-Redwater Regional 
Water Authority, the Administrator may pur-
chase the necessary additional power at the best 
available rate. 
(B) REIMBURSEMENT.—The cost of pur-
chasing additional power shall be reimbursed to 
the Administrator by the Dry-Redwater Re-
gional Water Authority. 
(5) RESPONSIBILITY FOR POWER CHARGES.— 
The Dry-Redwater Regional Water Authority shall 
be responsible for the payment of the power charge 
described in paragraph (4) and non-Federal delivery 
costs described in paragraph (6). 
(6) TRANSMISSION ARRANGEMENTS.— 
(A) IN GENERAL.—The Dry-Redwater Re-
gional Water Authority System shall be respon-
sible for all non-Federal transmission and dis-
tribution system delivery and service arrange-
ments. 
(B) UPGRADES.—The Dry-Redwater Re-
gional Water Authority System shall be respon-
sible for funding any transmission upgrades, if 
required, to the integrated system necessary to 
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