Hoeven Secures Energy Committee Approval of His Dakota Water Resources Act Amendments Bill

Hoeven Secures Energy Committee Approval of His Dakota Water Resources Act Amendments Bill

Legislation Supports More Reliable Water Supplies, Projects like ENDAWS That Are Critical to State's Long-Term Growth

WASHINGTON - Senator John Hoeven, a member of the Senate Energy and Natural Resources Committee, this week secured committee passage of his legislation to reauthorize and amend the Dakota Water Resources Act (DWRA). The legislation supports more reliable, drought-resistant water supplies in North Dakota, while helping to fulfill federal compensation that was promised to the state and tribes upon the construction of the Garrison Dam and Oahe Dam. The legislation will now go to the full Senate for consideration.

"North Dakota was promised over a million acres of irrigation as compensation for the loss of approximately 550,000 acres of prime farm land permanently flooded by the creation of the Garrison and Oahe reservoirs, and this legislation will ensure that promise is kept," said Hoeven. "Our bill helps ensure our communities have water to meet our long-term needs by providing the necessary funding authorizations to support water supply projects across the state, like NAWS and ENDAWS. That's critical, as ENDAWS will deliver water from the Missouri River to the Red River Valley, ensuring more reliable water supplies for our communities and supporting the state's long-term growth."

Specifically, Hoeven's bill would:

• Amend the Dakota Water Resources Act (DWRA) to increase authorizations under the Municipal, Rural, and Industrial (MR&I) water supply grant program for North Dakota and the five Tribal Nations in the state.
  • North Dakota will reach the state MR&I authorization ceiling at the end of fiscal year (FY) 2024.
  • An increase is necessary to complete ongoing water supply projects, including the Northwest Area Water Supply Project (NAWS) and the Eastern North Dakota Alternate Water Supply Project (ENDAWS).
• Ensure that biota water treatment (BWT) costs are fully accounted for, which are rightly the responsibility of the federal government.
  • Although the DWRA authorized funding for non-reimbursable costs related to BWT facilities, no authorization ceiling was outlined.
  • As a result, North Dakota and the Bureau of Reclamation (BOR) have been forced to allocate significant MR&I resources to cover federal responsibilities under the Boundary Waters Treaty of 1909.

Hoeven has secured the support of BOR Commissioner Camille Touton for the measure. Hoeven twice hosted Touton in North Dakota to review progress on the state's water supply projects, where he outlined to the commissioner the issues with the MR&I program. The legislation comes as the result of Hoeven's work with Touton, BOR, Garrison Diversion and North Dakota stakeholders to identify and advance solutions to these issues.

Hoeven's legislation is cosponsored by Senators Alex Padilla (D-Calif.) and Kevin Cramer (R-N.D.). Congressman Kelly Armstrong has introduced a companion to the bill in the House of Representatives.

The full text and a summary of Hoeven's legislation can be found here and here, respectively, and stakeholder letters of support can be found below:

• Mandan, Hidatsa, and Arikara Nation.
• Standing Rock Sioux Tribe.
• Turtle Mountain Band of Chippewa.
• Sisseton Wahpeton Oyate.
• North Dakota Department of Water Resources, Garrison Diversion, Lake Agassiz Water Authority and North Dakota Rural Water Systems Association.

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