[105th Congress Public Law 352] [From the U.S. Government Printing Office] <DOC> [DOCID: f:publ352.105] [[Page 3221]] FALL RIVER WATER USERS DISTRICT RURAL WATER SYSTEM ACT OF 1998 [[Page 112 STAT. 3222]] Public Law 105-352 105th Congress An Act To authorize the construction of the Fall River Water Users District Rural Water System and authorize financial assistance to the Fall River Water Users District, a nonprofit corporation, in the planning and construction of the water supply system, and for other <<NOTE: Nov. 3, 1998 - [S. 744]>> purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress <<NOTE: Fall River Water Users District Rural Water System Act of 1998.>> assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fall River Water Users District Rural Water System Act of 1998''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) <<NOTE: South Dakota.>> there are insufficient water supplies of reasonable quality available to the members of the Fall River Water Users District Rural Water System located in Fall River County, South Dakota, and the water supplies that are available are of poor quality and do not meet minimum health and safety standards, thereby posing a threat to public health and safety; (2) past cycles of severe drought in the southeastern area of Fall River County have left residents without a satisfactory water supply, and, during 1990, many home owners and ranchers were forced to haul water to sustain their water needs; (3) because of the poor quality of water supplies, most members of the Fall River Water Users District are forced to either haul bottled water for human consumption or use distillers; (4) the Fall River Water Users District Rural Water System has been recognized by the State of South Dakota; and (5) the best available, reliable, and safe rural and municipal water supply to serve the needs of the Fall River Water Users District Rural Water System members consists of a Madison Aquifer well, 3 separate water storage reservoirs, 3 pumping stations, and approximately 200 miles of pipeline. (b) Purposes.--The purposes of this Act are-- (1) to 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) to assist the members of the Fall River Water Users District in developing safe and adequate municipal, rural, and industrial water supplies; and [[Page 112 STAT. 3223]] (3) to promote the implementation of water conservation programs by the Fall River Water Users District Rural Water System. SEC. 3. DEFINITIONS. In this Act: (1) Engineering report.--The term ``engineering report'' means the study entitled ``Supplemental Preliminary Engineering Report for Fall River Water Users District'' published in August 1995. (2) Project construction budget.--The term ``project construction budget'' means the description of the total amount of funds that are needed for the construction of the water supply system, as described in the engineering report. (3) Pumping and incidental operational requirements.--The term ``pumping and incidental operational requirements'' means all power requirements that are incidental to the operation of intake facilities, pumping stations, water treatment facilities, cooling facilities, reservoirs, and pipelines 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 Agriculture. (5) Water supply system.--The term ``water supply system'' means the Fall River Water Users District Rural Water System, a nonprofit corporation, established and operated substantially in accordance with the engineering report. SEC. 4. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM. (a) In General.--The <<NOTE: Grants.>> Secretary shall make grants to the water supply system for the Federal share of the costs of 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 industrial water supplies, mitigation of wetlands areas, and water conservation within the boundaries of the Fall River Water Users District, described as follows: <<NOTE: South Dakota. Nebraska.>> bounded on the north by the Angostura Reservoir, the Cheyenne River, and the line between Fall River and Custer Counties, bounded on the east by the line between Fall River and Shannon Counties, bounded on the south by the line between South Dakota and Nebraska, and bounded on the west by the Igloo-Provo Water Project District. (c) Amount of Grants.--Grants made available under subsection (a) to the water supply system shall not exceed the Federal share under section 9. (d) Limitation on Availability of Construction Funds.--The Secretary shall not obligate funds for the construction of the water supply system until-- (1) the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect to the water supply system; and (2) a final engineering report and plan for a water conservation program have been prepared and submitted to Congress for a period of not less than 90 days before the commencement of construction of the system. [[Page 112 STAT. 3224]] SEC. 5. MITIGATION OF FISH AND WILDLIFE LOSSES. Mitigation of fish and wildlife losses incurred as a result of the construction and operation of the water supply system shall be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction, as provided in the engineering report. SEC. 6. USE OF PICK-SLOAN POWER. (a) In General.--From power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri River Basin Program, the Western Area Power Administration 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, including 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. (3) The rate schedule applicable to the capacity and energy made available under subsection (a) shall be the firm power rate schedule of the Pick-Sloan Eastern Division of the Western Area Power Administration in effect when the power is delivered by the Administration. (4) It shall be agreed by contract among-- (A) the Western Area Power Administration; (B) the power supplier with which the water supply system contracts under paragraph (2); (C) the power supplier of the entity described in subparagraph (B); and (D) the Fall River Water Users District; 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. 7. NO LIMITATION ON WATER PROJECTS IN STATE. This Act does not limit the authorization for water projects in South Dakota under law in effect on or after the date of enactment of this Act. SEC. 8. 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 appropriated share of the waters of any body of surface or ground water, whether determined by past or future interstate compacts or by past or future legislative or final judicial allocations; (3) preempts or modifies any Federal or State law, or interstate compact, dealing with water quality or disposal; or [[Page 112 STAT. 3225]] (4) confers on any non-Federal entity the ability to exercise any Federal right to the waters of any stream or to any ground water resource. SEC. 9. FEDERAL SHARE. The Federal share under section 4 shall be 70 percent of-- (1) the amount allocated in the total project construction budget for the planning and construction of the water supply system under section 4; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after August 1, 1995. SEC. 10. NON-FEDERAL SHARE. The non-Federal share under section 4 shall be 30 percent of-- (1) the amount allocated in the total project construction budget for the planning and construction of the water supply system under section 4; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after August 1, 1995. SEC. 11. CONSTRUCTION OVERSIGHT. (a) Authorization.--The Secretary of the Interior, acting through the Director of the Bureau of Reclamation, may provide construction oversight to the water supply system for areas of the water supply system. (b) Project Oversight Administration.--The amount of funds used by the Secretary 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 Fall River County, South Dakota. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) $3,600,000 for the planning and construction of the water system under section 4; and [[Page 112 STAT. 3226]] (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after August 1, 1995. Approved November 3, 1998. LEGISLATIVE HISTORY--S. 744: --------------------------------------------------------------------------- SENATE REPORTS: No. 105-369 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 144 (1998): Oct. 7, considered and passed Senate. Oct. 12, considered and passed House. <all>