I
104TH CONGRESS
2D SESSION
H. R. 3985
To authorize the construction of the Fall River Water Users District Rural
Water System and authorize the appropriation of Federal dollars to
assist the Fall River Water Users District, a nonprofit corporation,
in the planning and construction of the water supply system.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 2, 1996
Mr. JOHNSON of South Dakota introduced the following bill; which was
referred to the Committee on Resources
A BILL
To authorize the construction of the Fall River Water Users
District Rural Water System and authorize the appro-
priation of Federal dollars to assist the Fall River Water
Users District, a nonprofit corporation, in the planning
and construction 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 ‘‘Fall River Water Users
District Rural Water System Act of 1996’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
separate water storage reservoirs, 3 pumping sta-
tions, and approximately 200 miles of pipeline.
(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 Fall River Water Users District Rural Water
System in Fall River County, South Dakota;
(2) assist the citizens of the Fall River Water
Users District to develop safe and adequate munici-
pal, rural, and industrial water supplies; and
(3) promote the implementation of water con-
servation programs by the Fall River Water Users
District Rural Water System.
SEC. 3. DEFINITIONS.
As used in this Act (unless the context clearly re-
quires otherwise):
(1) ENGINEERING REPORT.—The term ‘‘engi-
neering report’’ means the study entitled ‘‘Supple-
mental Preliminary Engineering Report for Fall
River Water Users District’’ in August 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, cooling facilities, reservoirs, and pipelines up
to the point of delivery of water by the Fall River
Water Users District 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 Fall River Water Users
District Rural Water System that is established and
operated substantially in accordance with the fea-
sibility study.
SEC. 4. FEDERAL ASSISTANCE FOR THE WATER SUPPLY
SYSTEM.
(a) IN GENERAL.—The Secretary is authorized to
make grants to the Fall River Water Users District Rural
Water System, a nonprofit corporation, for the planning
and construction 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 within the boundaries of the Fall River
Water Users District, described as follows: bounded on the
north by the Angostura Reservoir, the Cheyenne River,
and the Fall River/Custer County line, bounded on the
east by the Fall River/Shannon County line, bounded on
the south by the South Dakota/Nebraska State line, and
bounded on the west by the previously established Igloo-
Provo Water Project District.
(c) AMOUNT OF GRANTS.—Grants made available
under subsection (a) to the Fall River Water Users Dis-
trict Rural Water System shall not exceed the amount au-
thorized 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.
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 pro-
grams 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; and
(5) coordinated operation between the Fall
River Water Users District Rural Water System and
any preexisting water supply facilities within its
service area.
(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 of fish and wildlife losses incurred as a
result of the construction and operation of the Fall River
Water Users District Rural Water System shall be on an
acre-for-acre basis, based on ecological equivalency, con-
current with project construction, as provided in the fea-
sibility study.
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 River Basin Program, the Western Area Power Ad-
ministration shall make available the capacity and energy
required to meet the pumping and incidental operational
requirements 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 its entire electric service requirements, in-
cluding the capacity and energy made available
under subsection (a), from a qualified preference
power supplier that itself purchases power from the
Western Area Power Administration.