S. 4489

116 S4489 IS: Dry-Redwater Regional Water Authorization Act
 U.S. Senate
 2026-05-12
 text/xml
 EN
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 II  119th CONGRESS  2d Session  S. 4489  IN THE SENATE OF THE UNITED STATES   May 12, 2026   Mr. Daines  (for himself and  Mr. Sheehy ) introduced the following bill; which was read twice and referred to the  Committee on Energy and Natural Resources    A BILL
To authorize the Dry-Redwater Regional Water Authority System in the State of Montana, and for other purposes.
1.
Short title
This Act may be cited as the   Dry-Redwater Regional Water Authorization Act  .
2.
Purpose
The purpose of this Act is to ensure a safe and adequate municipal, rural, and industrial water supply for the citizens of—
(1)
Dawson, Garfield, McCone, Prairie, and Richland Counties in the State of Montana; and
(2)
McKenzie County, North Dakota.
3.
Definitions
In this Act:
(1)
Administrator
The term  Administrator  means the Administrator of the Western Area Power Administration.
(2)
Authority
The term  Authority  means—
(A)
the Dry-Redwater Regional Water Authority, which is a publicly owned nonprofit water authority formed in accordance with Mont. Code Ann. title 76, chapter 6, part 3 (1999); and
(B)
any nonprofit successor entity to the Authority described in subparagraph (A).
(3)
Integrated System
The term  Integrated System  means the transmission system owned by the Western Area Power Administration, Basin Electric Power Cooperative, and Heartland Energy.
(4)
Non-Federal transmission and distribution system
The term  non-Federal transmission and distribution system  means a non-Federal utility that provides electricity to the counties covered by the Water System.
(5)
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).
(6)
Secretary
The term  Secretary  means the Secretary of the Interior.
(7)
State
The term  State  means the State of Montana.
(8)
Water System
The term  Water System  means the Dry-Redwater Regional Water Authority System authorized under section 4(a) 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 located west of the Yellowstone River in the State of North Dakota.
4.
Dry-Redwater Regional Water Authority System
(a)
Authorization
The Secretary may carry out the project entitled the  Dry-Redwater Regional Water Authority System  in a manner that is substantially in accordance with the Bureau of Reclamation feasibility study entitled  Dry-Redwater Regional Water System Feasibility Study  and dated October 2025 (including revisions of the study), which was authorized under the Clean Water for Rural Communities Act (section 1110 of division FF of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ; 134 Stat. 3246)), subject to the condition that livestock watering shall not be limited to incidental noncommercial livestock watering.
(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 System.
(c)
Cost-Sharing requirement
(1)
Federal share
(A)
In general
The Federal share of the costs relating to the planning, design, and construction of the Water System shall not exceed—
(i)
75 percent of the total cost of the Water System; or
(ii)
such other lesser amount as may be determined by the Secretary, acting through the Commissioner of Reclamation, in a feasibility report.
(B)
Limitation
Amounts made available under subparagraph (A) shall not be returnable or reimbursable under the reclamation laws.
(2)
Use of Federal funds
(A)
General uses
Subject to subparagraphs (B) and (C), the Water System may use Federal funds made available to carry out this section for—
(i)
facilities relating to—
(I)
water pumping;
(II)
water treatment; and
(III)
water storage;
(ii)
transmission pipelines;
(iii)
pumping stations;
(iv)
appurtenant buildings, maintenance 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 operation and maintenance of the Water System;
(vii)
any other facility or service required 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), the Water System may use Federal funds made available to carry out this section for—
(i)
facilities relating to water intake; and
(ii)
distribution, pumping, and storage facilities that—
(I)
serve the needs of citizens who use public water systems;
(II)
are in existence on the date of enactment of this Act; and
(III)
may be purchased, improved, and repaired in accordance with a cooperative agreement entered into by the Secretary under subsection (b).
(C)
Limitation
Federal funds made available to carry out this section shall not be used for the operation, maintenance, or replacement of the Water System.
(D)
Title
Title to the Water System shall be held by the Authority.
5.
Use of power from Pick-Sloan Program by the Dry-Redwater Regional Water Authority System
(a)
Finding
Congress finds that—
(1)
McCone and Garfield Counties in the State were designated as impact counties during the period 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 Water System a quantity of power required to meet the operational requirements of the Water System 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 distributes 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 cooperative 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)
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 (5).
(5)
Transmission arrangements
(A)
In general
The Water System shall be responsible for all non-Federal transmission and distribution system delivery and service arrangements.
(B)
Upgrades
The Water System shall be responsible for funding any transmission or distribution upgrades to the Integrated System, including upgrades to any non-Federal transmission or distribution system, that are necessary to deliver power to the Water System.
6.
Water rights
Nothing in this Act—
(1)
preempts or affects any State water law; or
(2)
affects any authority of a State, as in effect on the date of enactment of this Act, to manage water resources within that State.
7.
Funding
(a)
Authorization
There is authorized to be appropriated for the planning, design, and construction of the Water System $602,000,000 for the period of fiscal years 2027 through 2037.
(b)
Cost indexing
The amount authorized to be appropriated under subsection (a) may be increased or decreased in accordance with ordinary fluctuations in development costs incurred after January 1, 2024, as indicated by any available engineering cost indices applicable to construction activities that are similar to the construction of the Water System.
(c)
Construction costs adjustment
The amount authorized to be appropriated under subsection (a) shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices, as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved.