North Dakota Delegation Introduces Amendments to Dakota Water Resources Act

Bipartisan legislation supports more reliable, drought-resistant water supplies in North Dakota

BISMARCK, N.D. - In exchange for flooding nearly 550,000 acres of North Dakota farmland to create the Garrison and Oahe Reservoir systems, the federal government promised over a million acres of irrigation as compensation to the state. Given a number of issues inhibiting irrigation development, Congress first authorized funding for municipal, rural, and industrial (MR&I) water supply projects in North Dakota through the 1986 Garrison Diversion Unit Reformulation Act. The Dakota Water Resources Development Act (DWRA), which passed in 2000, later provided additional changes and funding authorization for the MR&I program. However, the State of North Dakota and five Tribal Nations are set to reach the MR&I authorization ceiling at the end of Fiscal Year 2024 without meeting their water resource needs.

To meet the needs of North Dakota, U.S. Senators John Hoeven (R-ND), Kevin Cramer (R-ND), and Alex Padilla (D-CA) introduced amendments to the DWRA. This legislation provides necessary authorization ceiling increases to provide more reliable, drought-resilient water supplies for North Dakota and five Tribal Nations. U.S. Representative Kelly Armstrong (R-ND) introduced a companion measure in the House of Representatives.

"This legislation is crucial for securing safe and dependable water supplies for North Dakota's communities and Tribal Nations,"said Cramer."These amendments will fulfill a debt owed to North Dakota by the federal government for damming up the Missouri River. It will also help ensure we can complete critical water infrastructure projects and address pressing needs across the state."

"The Garrison Diversion was established to compensate North Dakota and Tribal Nations in the state for the loss of more than a half a million of surface acreage when federal reservoirs were established along the Missouri River,"said Hoeven. "Not only was the Garrison Diversion never completed, but the grant program authorizations meant to replace the project were inadequate to cover the long-term needs of North Dakota and tribal communities. Our legislation would correct this issue, helping to ensure that the MR&I program has sufficient funding authorizations to support water supply projects across the state, like NAWS and ENDAWS. I appreciate Commissioner Touton for her continued willingness to work with us on these important issues and her support of moving this bill forward."

"We must deliver an adequate and reliable water supply across the state at an affordable rate," said Armstrong. "In 2000, when the Dakota Water Resources Act passed, it was supposed to protect North Dakota's water supply and keep it reliable. Our legislation amends the Dakota Water Resources Act to provide our producers with the rates that Congress intended, it gives our state clarity when building a more dependable water supply, and secures clean drinking water to our North Dakota communities and the five Tribal Nations."

The Missouri River System dams created ongoing issues for North Dakota, and this DWRA amendment legislation is one of several efforts to hold the federal government accountable and make good on obligations to the state. Cramer has advocated for fixes to the DWRA to allow irrigators access to the cost-effective rates they were promised and to fix the Snake Creek Embankment foundation problems. He secured funding in the Fiscal Year 2024 appropriations for the embankment's initial structural designs.

Click here for bill text.