H.R. 8745

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8745 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8745

To authorize the Dry-Redwater Regional Water Authority System in the 
State of Montana, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 12, 2026

Mr. Downing introduced the following bill; which was referred to the 
Committee on Natural Resources

_______________________________________________________________________

A BILL

To authorize the Dry-Redwater Regional Water Authority System in the 
State of Montana, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Dry-Redwater Regional Water 
Authorization Act''.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.
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