I 
111TH CONGRESS 
1ST SESSION H. R. 4119 
To authorize the construction of the Dry-Redwater Regional Water Authority 
System in the State of Montana and a portion of McKenzie County, 
North Dakota, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 19, 2009 
Mr. REHBERG introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To authorize the construction of the Dry-Redwater Regional 
Water Authority System in the State of Montana and 
a portion of McKenzie County, 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 ‘‘Dry-Redwater Re-
gional Water Authority System Act of 2009’’. 
SEC. 2. FINDINGS; PURPOSE. 
(a) FINDINGS.—Congress finds that— 
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(1) there are insufficient available supplies of 
safe water to meet the minimum health and safety 
standards of the citizens of— 
(A) Dawson, Garfield, McCone, Prairie, 
and Richland Counties of the State; and 
(B) McKenzie County, North Dakota; 
(2) McCone and Garfield Counties of the State 
were— 
(A) directly and physically impacted when 
the Fort Peck Dam was constructed; and 
(B) to receive certain impact benefits as a 
result of the Pick-Sloan program; and 
(3) the water that is contained in the Fort Peck 
Dam reservoir is managed for purposes relating to— 
(A) flood control; 
(B) the production of hydroelectric power; 
(C) irrigation; 
(D) the maintenance of a public water sup-
ply; 
(E) the conservation of fish and wildlife; 
(F) recreation; and 
(G) the improvement of water quality. 
(b) PURPOSE.—The purpose of this Act is to ensure 
a safe and adequate municipal, rural, and industrial water 
supply for the citizens of— 
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(1) Dawson, Garfield, McCone, Prairie, and 
Richland Counties of the State; 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) the Dry-Redwater Regional Water Au-
thority, a publicly owned nonprofit water au-
thority formed in accordance with Mont. Code 
Ann. 75–6–302 (2007); and 
(B) any nonprofit successor entity. 
(3) PICK-SLOAN PROGRAM.—The term ‘‘Pick- 
Sloan program’’ means the Pick-Sloan Missouri 
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). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(5) STATE.—The term ‘‘State’’ means the State 
of Montana. 
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(6) WATER SYSTEM.—The term ‘‘Water Sys-
tem’’ means the Dry-Redwater Regional Water Au-
thority System authorized under section 4 for— 
(A) Dawson, Garfield, McCone, Prairie, 
and Richland Counties of the State; and 
(B) McKenzie County, North Dakota. 
(7) NON-FEDERAL
DISTRIBUTION
SYSTEM.— 
The term ‘‘non-Federal distribution system’’ means 
the local electric service facility provider. 
(8) INTEGRATED
SYSTEM.—The term ‘‘inte-
grated system’’ means the transmission system 
owned by Western Area Power Administration, 
Basin Electric Power Cooperative and Heartland 
Consumers Power District and administered by 
Western Area Power Administration. 
SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYS-
TEM. 
(a) COOPERATIVE AGREEMENT.— 
(1) IN
GENERAL.—The Secretary shall enter 
into a cooperative agreement with the Authority to 
provide Federal assistance for the planning, design, 
and construction of the Water System. 
(2) REQUIREMENTS.—A cooperative agreement 
entered into under paragraph (1) shall specify, in a 
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manner that is acceptable to the Secretary and the 
Authority— 
(A) the responsibilities of each party to the 
cooperative agreement relating to the Water 
System, including— 
(i) the final engineering report; 
(ii) an environmental and cultural re-
source study; 
(iii) engineering and design; 
(iv) construction; 
(v) water conservation measures; and 
(vi) administration of contracts relat-
ing to the performance of the activities de-
scribed in clauses (i) through (v); 
(B) any procedure or requirement relating 
to— 
(i) the carrying out of each activity 
described in subparagraph (A); and 
(ii) the approval and acceptance of the 
design and construction of the Water Sys-
tem; and 
(C) the rights, responsibilities, and liabil-
ities of each party to the cooperative agreement. 
(b) USE OF FEDERAL FUNDS.— 
(1) FEDERAL SHARE.— 
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(A) IN GENERAL.—The Federal share of 
the costs relating to the planning, design, and 
construction of the Water System shall not ex-
ceed 75 percent of the total cost of the Water 
System. 
(B) LIMITATION.—Amounts made avail-
able under subparagraph (A) shall not be re-
turnable or reimbursable under the reclamation 
laws. 
(2) COMPLIANCE WITH COOPERATIVE AGREE-
MENT.—Federal funds made available to carry out 
this section shall be obligated and expended in ac-
cordance with a cooperative agreement entered into 
by the Secretary under subsection (a). 
(c) COMPONENTS.—Components of the Water Sys-
tem facilities for which Federal funds may be obligated 
and expended under this section shall include— 
(1) facilities relating to— 
(A) water intake; 
(B) water pumping; 
(C) water treatment; and 
(D) water storage; 
(2) transmission pipelines and pumping sta-
tions; 
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(3) appurtenant buildings, maintenance equip-
ment, and access roads; 
(4) any interconnection facility that connects a 
pipeline of the Water System to a pipeline of a pub-
lic water system; 
(5) distribution, pumping, and storage facilities 
that— 
(A) serve the needs of citizens who use 
public water systems; 
(B) are in existence on the date of the en-
actment of this Act; and 
(C) may be purchased, improved, and re-
paired in accordance with a cooperative agree-
ment entered into by the Secretary under sub-
section (a)(1); 
(6) electrical power transmission and distribu-
tion facilities required for the operation and mainte-
nance of the Water System; 
(7) any other facility or service required for the 
development of a rural water distribution system, as 
determined by the Secretary; and 
(8) any property or property right required for 
the construction or operation of a facility described 
in this subsection. 
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(d) SERVICE AREA.—The service area of the Water 
System shall be— 
(1) the area of Garfield and McCone Counties 
in the State; 
(2) the area west of the Yellowstone River in 
Dawson and Richland Counties in the State; 
(3) the area including, and north of, Township 
15N in Prairie County in the State; and 
(4) the portion of McKenzie County, North Da-
kota, that includes all land that is located west of 
the Yellowstone River in the State of North Dakota. 
(e) LIMITATION ON AVAILABILITY OF CONSTRUCTION 
FUNDS.—The Secretary shall not obligate funds for con-
struction of the Water System until the date on which the 
last of the following occurs: 
(1) The Water System complies with each re-
quirement under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
(2) 90 days after the date of receipt by Con-
gress of the final engineering report described in 
subsection (a)(2)(A)(i) that is approved by the Sec-
retary. 
(3) The Secretary publishes a written finding 
that the water conservation plan developed pursuant 
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to section 6 contains water conservation measures 
for the operation of the Water System that are— 
(A) prudent; 
(B) reasonable; and 
(C) economically and financially feasible. 
(f) LIMITATION ON USE OF FEDERAL FUNDS.— 
(1) IN GENERAL.—Any cost relating to the op-
eration, maintenance, or replacement of the Water 
System— 
(A) shall not be a Federal responsibility; 
and 
(B) shall be paid by the Water System. 
(2) FEDERAL FUNDS.—The Secretary shall not 
obligate or expend Federal funds for the operation, 
maintenance, or replacement of the Water System. 
(g) TITLE TO THE WATER SYSTEM.—Title to the 
Water System shall be held by the Authority. 
SEC. 5. USE OF POWER FROM PICK-SLOAN PROGRAM. 
(a) FINDINGS.—Congress finds that McCone and 
Garfield Counties in the State were designated— 
(1) as impact counties during the period in 
which the Fort Peck Dam was constructed; and 
(2) to receive impact mitigation benefits in ac-
cordance with the Pick-Sloan program. 
(b) AVAILABILITY OF POWER.— 
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(1) IN GENERAL.—Subject to paragraph (2), 
the Administrator shall make available to the Water 
System a quantity of power required, up to one and 
one-half megawatt capacity, to meet the pumping 
and incidental operation requirements of the Water 
System during the period beginning May 1 and end-
ing on October 31 of each year from the following 
Water System facilities— 
(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 Water System shall be 
eligible to receive power under paragraph (1) if the 
Water 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(a). 
(3) RATE.—The Administrator shall make 
available the power described in paragraph (1) at 
the firm power rate. 
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(4) ADDITIONAL POWER.—If power, in addition 
to that made available to the Water System in para-
graph (1) is required to meet the pumping require-
ments of the Dry-Redwater Regional Water Author-
ity, the Administrator may purchase the necessary 
additional power at the best available rate. The costs 
of such purchases shall be reimbursed to the Admin-
istrator by the Dry-Redwater Regional Water Au-
thority. 
(5) RESPONSIBILITY FOR POWER CHARGES.— 
The Authority shall be responsible for the payment 
of the power charge described in paragraph (3) and 
non-Federal delivery costs described in paragraph 6. 
(6) 
TRANSMISSION
ARRANGEMENTS.—The 
Water System shall be responsible for all non-Fed-
eral transmission and distribution system delivery 
and service arrangements. The Water System shall 
be responsible for funding any transmission up-
grades, if required, to the Integrated System nec-
essary to deliver power to the Water System. 
SEC. 6. WATER CONSERVATION PLAN. 
(a) IN GENERAL.—The Authority shall develop a 
water conservation plan containing— 
(1) a description of water conservation objec-
tives; 
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(2) a description of appropriate water conserva-
tion measures; and 
(3) a time schedule for carrying out the meas-
ures described in paragraph (2) and this Act to meet 
the water conservation objectives described in para-
graph (1). 
(b) DESIGN REQUIREMENT.—The water conservation 
plan developed under subsection (a) shall be designed to 
ensure that users of water provided by the Water System 
will use the best practical technology and management 
techniques to conserve water. 
(c) PUBLIC PARTICIPATION.—Section 210(c) of the 
Reclamation Reform Act of 1982 (43 U.S.C. 390jj(c)) 
shall apply to each activity carried out under this Act. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
(a) WATER SYSTEM.—There is authorized to be ap-
propriated to carry out the planning, design, and construc-
tion of the Water System a total of $115,116,000 for fis-
cal years 2011 through 2021. 
(b) COST INDEXING.—The amount authorized to be 
appropriated under subsection (a) may be increased or de-
creased in accordance with ordinary fluctuations in devel-
opment costs incurred after January 1, 2008, as indicated 
by any available engineering cost indices applicable to con-
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struction activities that are similar to the construction of 
the Water System. 
Æ 
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