A bill to make available the continued use of Pick-Sloan Missouri Basin Program project use power by the Kinsey Irrigation Company and the Sidney Water Users Irrigation District, and for other purposes.

II Calendar No. 310 116TH CONGRESS 1ST SESSION S. 1882 [Report No. 116–161] To make available the continued use of Pick-Sloan Missouri Basin Program project use power by the Kinsey Irrigation Company and the Sidney Water Users Irrigation District, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 18, 2019 Mr. DAINES introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources NOVEMBER 21, 2019 Reported by Ms. MURKOWSKI, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To make available the continued use of Pick-Sloan Missouri Basin Program project use power by the Kinsey Irriga- tion Company and the Sidney Water Users Irrigation District, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 22:23 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1882.RS S1882 kjohnson on DSK79L0C42 with BILLS 2 •S 1882 RS SECTION 1. CONTINUED USE OF PICK-SLOAN MISSOURI 1 BASIN PROGRAM PROJECT USE POWER BY 2 THE KINSEY IRRIGATION COMPANY AND THE 3 SIDNEY WATER USERS IRRIGATION DISTRICT. 4 (a) FINDINGS.—Congress finds that— 5 (1) the Act of May 18, 1938 (52 Stat. 403, 6 chapter 250; 16 U.S.C. 833 et seq.), authorized the 7 completion, maintenance, and operation of the Fort 8 Peck project; 9 (2) section 2 of that Act (52 Stat. 404, chapter 10 250; 16 U.S.C. 833a) authorized and directed the 11 Bureau of Reclamation— 12 (A) to transmit and sell electric energy 13 generated by the Fort Peck project; and 14 (B) ‘‘to interconnect the Fort Peck project 15 with either private or with other Federal 16 projects and publicly owned power systems now 17 or hereafter constructed.’’; 18 (3) section 9 of the Act of December 22, 1944 19 (commonly known as the ‘‘Flood Control Act of 20 1944’’) (58 Stat. 891, chapter 665)— 21 (A) authorized the Missouri River Basin 22 Project, now known as the ‘‘Pick-Sloan Mis- 23 souri Basin Program’’ (referred to in this sec- 24 tion as the ‘‘Program’’); 25 VerDate Sep 11 2014 22:23 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1882.RS S1882 kjohnson on DSK79L0C42 with BILLS 3 •S 1882 RS (B) approved the comprehensive plan for 1 the Program set forth in Senate Document 191 2 and House Document 475, as revised and co- 3 ordinated by Senate Document 247, 78th Con- 4 gress; 5 (C) established a permanent administra- 6 tion for the development of the Missouri River 7 Basin; and 8 (D) incorporated the Fort Peck project as 9 part of the Program; 10 (4) in 1946, the Bureau of Reclamation entered 11 into project use power contracts to provide the 12 Kinsey Irrigation Company and the predecessor of 13 the Sidney Water Users Irrigation District electrical 14 service under the authority of the Act of May 18, 15 1938 (52 Stat. 403, chapter 250; 16 U.S.C. 833 et 16 seq.); 17 (5) since 1946, the Bureau of Reclamation has 18 approved 9 modifications to the project use power 19 contracts between the Bureau of Reclamation, the 20 Kinsey Irrigation Company, and the Sidney Water 21 Users Irrigation District; 22 (6) the project use power contracts in effect on 23 the date of enactment of this Act provide electric 24 service to the Kinsey Irrigation Company and the 25 VerDate Sep 11 2014 22:23 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1882.RS S1882 kjohnson on DSK79L0C42 with BILLS 4 •S 1882 RS Sidney Water Users Irrigation District at the Pro- 1 gram rate of 2.5 mills per kilowatt-hour, including 2 wheeling, through 2020; and 3 (7) the Kinsey Irrigation Company and the Sid- 4 ney Water Users Irrigation District have reasonably 5 relied on the authority of the Act of May 18, 1938 6 (52 Stat. 403, chapter 250; 16 U.S.C. 833 et seq.), 7 and the fact that the Bureau of Reclamation has 8 treated the Kinsey Irrigation Company and the Sid- 9 ney Water Users Irrigation District as irrigation 10 pumping units of the Program for more than 74 11 years. 12 (b) AUTHORIZATION.—Notwithstanding any other 13 provision of law and subject to subsection (c), the Sec- 14 retary of the Interior (acting through the Commissioner 15 of Reclamation) shall continue to treat the irrigation 16 pumping units known as the ‘‘Kinsey Irrigation Com- 17 pany’’ in Custer County, Montana and the ‘‘Sidney Water 18 Users Irrigation District’’ in Richland County, Montana, 19 or any successor to the Kinsey Irrigation Company or Sid- 20 ney Water Users Irrigation District, as irrigation pumping 21 units of the Program for the purposes of wheeling, admin- 22 istration, and payment of project use power. 23 (c) LIMITATION.—The quantity of power to be pro- 24 vided to the Kinsey Irrigation Company and the Sidney 25 VerDate Sep 11 2014 22:23 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1882.RS S1882 kjohnson on DSK79L0C42 with BILLS 5 •S 1882 RS Water Users Irrigation District (including any successor 1 to the Kinsey Irrigation Company or the Sidney Water 2 Users Irrigation District) under subsection (b) may not 3 exceed the maximum quantity of power provided to the 4 Kinsey Irrigation Company and the Sidney Water Users 5 Irrigation District under the applicable contract for elec- 6 tric service in effect on the date of enactment of this Act. 7 SECTION 1. CONTINUED USE OF PICK-SLOAN MISSOURI 8 BASIN PROGRAM PROJECT USE POWER BY 9 THE KINSEY IRRIGATION COMPANY AND THE 10 SIDNEY WATER USERS IRRIGATION DISTRICT. 11 (a) AUTHORIZATION.—Notwithstanding any other 12 provision of law and subject to subsection (b), the Secretary 13 of the Interior (acting through the Commissioner of Rec- 14 lamation) shall continue to treat the irrigation pumping 15 units known as the ‘‘Kinsey Irrigation Company’’ in Custer 16 County, Montana and the ‘‘Sidney Water Users Irrigation 17 District’’ in Richland County, Montana, or any successor 18 to the Kinsey Irrigation Company or Sidney Water Users 19 Irrigation District, as irrigation pumping units of the 20 Pick-Sloan Missouri Basin Program for the purposes of 21 wheeling, administration, and payment of project use 22 power, including the applicability of provisions relating to 23 the treatment of costs beyond the ability to pay under sec- 24 tion 9 of the Act of December 22, 1944 (commonly known 25 VerDate Sep 11 2014 22:23 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S1882.RS S1882 kjohnson on DSK79L0C42 with BILLS 6 •S 1882 RS as the ‘‘Flood Control Act of 1944’’) (58 Stat. 891, chapter 1 665). 2 (b) LIMITATION.—The quantity of power to be pro- 3 vided to the Kinsey Irrigation Company and the Sidney 4 Water Users Irrigation District (including any successor to 5 the Kinsey Irrigation Company or the Sidney Water Users 6 Irrigation District) under subsection (a) may not exceed the 7 maximum quantity of power provided to the Kinsey Irriga- 8 tion Company and the Sidney Water Users Irrigation Dis- 9 trict under the applicable contract for electric service in ef- 10 fect on the date of enactment of this Act. 11 VerDate Sep 11 2014 22:23 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S1882.RS S1882 kjohnson on DSK79L0C42 with BILLS VerDate Sep 11 2014 22:23 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S1882.RS S1882 kjohnson on DSK79L0C42 with BILLS Calendar No. 310 116TH CONGRESS 1ST SESSION S. 1882 [Report No. 116–161] A BILL To make available the continued use of Pick-Sloan Missouri Basin Program project use power by the Kinsey Irrigation Company and the Sidney Water Users Irrigation District, and for other purposes. NOVEMBER 21, 2019 Reported with an amendment VerDate Sep 11 2014 22:23 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\S1882.RS S1882 kjohnson on DSK79L0C42 with BILLS