I
105TH CONGRESS
1ST SESSION
H. R. 1213
To authorize the construction of the Perkins County Rural Water System
and authorize the appropriation of Federal dollars to assist the Perkins
County Rural Water System, Inc., a nonprofit corporation, in the plan-
ning and construction of the water supply system.
IN THE HOUSE OF REPRESENTATIVES
MARCH 21, 1997
Mr. THUNE introduced the following bill; which was referred to the Committee
on Resources
A BILL
To authorize the construction of the Perkins County Rural
Water System and authorize the appropriation of Federal
dollars to assist the Perkins County Rural Water System,
Inc., a nonprofit corporation, in the planning and con-
struction of the water supply system.
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 ‘‘Perkins County Rural
Water System Act of 1997’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) there are insufficient water supplies of rea-
sonable quality available to the members of the Per-
kins County Rural Water System located in Perkins
County, South Dakota, and the water supplies that
are available do not meet the minimum health and
safety standards, thereby posing a threat to public
health and safety;
(2) in 1977 the North Dakota State Legislature
authorized and directed the State Water Commission
to conduct the Southwest Area Water Supply Study,
which included water service to a portion of Perkins
County, South Dakota;
(3) the Garrison Diversion Unit Reformulation
Act of 1986 authorized the Southwest Pipeline
project as an eligible project for Federal cost share
participation;
(4) the Perkins County Rural Water System
has continued to be recognized by the State of North
Dakota, the Southwest Water Authority, the North
Dakota Water Commission, the Department of the
Interior, and the Congress of the United States as
a component of the Southwest Pipeline Project; and
(5) the best available, reliable, and safe rural
and municipal water supply to serve the needs of the
Perkins County Rural Water System, Inc., members
is the Missouri River as delivered by the Southwest
Pipeline Project in North Dakota.
(b) PURPOSES.—The Congress declares that the pur-
poses of sections 1 through 13 are to—
(1) ensure a safe and adequate municipal,
rural, and industrial water supply for the members
of the Perkins County Rural Water Supply System,
Inc., in Perkins County, South Dakota;
(2) assist the citizens of the Perkins County
Rural Water Supply System, Inc., to develop safe
and adequate municipal, rural, and industrial water
supplies; and
(3) promote the implementation of water con-
servation programs by the Perkins County Rural
Water System, Inc.
SEC. 3. DEFINITIONS.
As used in this Act (unless the context clearly re-
quires otherwise):
(1) FEASIBILITY STUDY.—The term ‘‘feasibility
study’’ means the study entitled ‘‘Feasibility Study
for Rural Water System for Perkins County Rural
Water System, Inc.’’, as amended in March 1995.
(2) 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.
(3) 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 Perkins County Rural
Water System to each entity that distributes water
at retail to individual users.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(5) WATER SUPPLY SYSTEM.—The term ‘‘water
supply system’’ means the Perkins County Rural
Water System, Inc., that is established and operated
substantially in accordance with the feasibility study.
SEC. 4. FEDERAL ASSISTANCE FOR THE WATER SUPPLY
SYSTEM.
(a) IN GENERAL.—The Secretary is authorized to
make grants to the Perkins County 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, mitigation of wetlands areas, and
water conservation in Perkins County, South Dakota.
(c) AMOUNT OF GRANTS.—Grants made available
under subsection (a) to the Perkins County Rural Water
System, Inc., shall not exceed the amount authorized
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—
(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 the Congress for a period of not
less than 90 days before the commencement of con-
struction of the system; and
(3) a water conservation program has been de-
veloped and implemented under section 5.
SEC. 5. WATER CONSERVATION.
(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.
(b) DESCRIPTION.—The water conservation program
shall include—
(1) low consumption performance standards for
all newly installed plumbing fixtures;
(2) leak detection and repair programs;
(3) rate structures 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;
(5) coordinated operation between the Perkins
County Rural Water System and any preexisting
water supply facilities within its service area; and
(6) coordinated operation between the South-
west Pipeline Project of North Dakota and the Per-
kins County Rural Water System, Inc., of South Da-
kota.
(c) REVIEW AND REVISION.—The program described
in subsection (b) shall contain provisions for periodic re-
view and revision, in cooperation with the Secretary.
SEC. 6. MITIGATION OF FISH AND WILDLIFE LOSSES.
Mitigation of fish and wildlife losses incurred as a
result of the construction and operation of the Perkins
County Rural Water Supply System shall be on an acre-
for-acre basis, based on ecological equivalency, concurrent
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 Perkins County Rural Water Sys-
tem, 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 and North Dakota 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 75 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 May 1, 1994.
SEC. 11. NON-FEDERAL COST SHARE.
The non-Federal share of the costs allocated to the
water supply system shall be 25 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 May 1, 1994.
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 project to be constructed in Perkins County,
South Dakota.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $15,000,000
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 May 1, 1994.
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