Pactola Reservoir Reallocation Authorization Act of 2006

Mr. Speaker, I rise today in support of S. 819, the Pactola Reservoir Reallocation Authorization Act, and its House companion H.R. 3967. As has been noted during numerous legislative hearings, markups, and previous Floor proceedings, this legislation is critical to meet the changing water needs of one of South Dakota's largest and fastest growing communities--Rapid City.

Part of this legislative process has included additional consultation with the Bureau of Reclamation, which administers the Pactola Dam and Reservoir, and the Ellsworth Air Force Base, one of the most important entities to rely on the reservoir's water. Accordingly, I would like to submit the following comments to clarify the intent of this legislation.

The Pactola Dam and Reservoir is currently authorized for both irrigation and municipal and industrial use with its costs allocated to reflect those uses. Over time, municipal and industrial uses have increased while irrigation uses have decreased, creating a need to reallocate costs better reflecting current usage. When the Secretary of the Interior needs to reallocate costs from an existing allocation where there are multiple uses to a new allocation with multiple uses in different amounts, Congressional approval is required under the McGovern Amendment.

The current language in the Bill under section 3 could be read to imply that the Pactola Dam and Reservoir is a single purpose, irrigation only project. This interpretation is incorrect as the Pactola Dam and Reservoir remain multipurpose projects. Both S. 819 and H.R. 3967 simply reallocate costs from an older multi-purpose allocation to a new multi-purpose allocation. This is consistent with the McGovern Amendment.

Some additional clarification is also warranted with respect to the needs of the Ellsworth Air Force Base. As already stated, this legislation allocates additional costs to the municipal and industrial component of the Pactola Reservoir effectively making available additional water for municipal and industrial use. It is anticipated that Rapid City, South Dakota will contract for much of this allocation. Nothing in the legislation should be construed to change in any way the Bureau of Reclamation's and Rapid City's existing obligations to the Ellsworth Air Force Base.

The definite plan report for this project prepared by the Bureau of Reclamation dated June 1952 makes it clear that the Air Force would contribute its share of the capital cost of the project in advance. The Air Force Appropriation for the year 1954 included funds to cover the Air Force share of the project. Accordingly, the Air Force has fully paid its capital contribution and remains entitled to its share of the water without paying additional capital cost. Ellsworth Air Force Base currently has an allocation of 1810 acre-feet per year of water from the project. The Air Force is required to pay only the reasonable cost of transporting, and if appropriate, treating the water it uses. Nothing in this legislation is intended to affect the Bureau of Reclamation's obligation to make that water available to Ellsworth, and nothing is intended to suggest in any way that the Air Force Base should pay more than the reasonable cost of treating and transporting the water.

In entering revised contracts with Rapid City, the Bureau of Reclamation is expected to ensure that Rapid City provides the delivery of water to the Air Force Base at no more than the reasonable cost of treating and transporting the water.

This legislation is not intended to limit in any way the Air Force's ability to make an arrangement with a party other than Rapid City for the delivery of its allocation of water from Pactola Reservoir. There may be private parties or others who are able to build a pipeline for water delivery at lower cost than using Rapid City's distribution system. Making such arrangements is not inconsistent with this legislation or the definite plan report.

Although Rapid City's increased demand for water is a key consideration supporting this legislation, Ellsworth Air Force Base may also be obtaining an additional allocation of water in the event that the Air Force directs new mission to Ellsworth or reconfigures Ellsworth's existing mission in such a way that it needs additional water beyond the amount it has already been allotted. It is Congress' intent that water from Pactola Reservoir is provided at no more than the reasonable cost of treating and transporting the water without regard to the number of missions at Ellsworth Air Force Base.

With these clarifications in mind, I urge my colleagues to support this important legislation. I have appreciated the opportunity to advance this legislation on the House Resources Committee and would like to thank the Chairman and Ranking Member for their support.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3967) to authorize the Secretary of the Interior to reallocate costs of the Pactola Dam and Reservoir, South Dakota, to reflect increased demands for municipal, industrial, and fish and wildlife purposes, as amended.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

Mr. Speaker, I yield myself such time as I may consume.

H.R. 3967, introduced by my colleague, Congresswoman Stephanie Herseth of South Dakota, reallocates costs to the Pactola Dam and Reservoir to reflect growing municipal needs for water. As Rapid City, South Dakota's municipal water needs continue to grow and demand for local irrigation water continues to decrease, this legislation appropriately reallocates the costs associated with the change in water deliveries.

This bill is a win for the citizens of Rapid City and a win for the American taxpayer. I urge my colleagues to support this commonsense legislation.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I also want to commend my colleague from South Dakota for her leadership on this issue, particularly as water out in the West is such a valuable commodity.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

(Ms. HERSETH asked and was given permission to revise and extend her remarks.)

Mr. Speaker, this is a very important bill for the district I represent. I certainly thank Mr. Renzi and the committee and subcommittee leadership on both sides of the aisle for their support of this important legislation.

H.R. 3967 shifts Pactola Reservoir water from declining irrigation use to municipal and industrial use where it is sorely needed. This legislation reflects an agreement reached by the Bureau of Reclamation, the local irrigation users and local municipal and industrial water users to adapt to the changing water needs of the larger Rapid City community.

I would like to thank Director Jabloski of the Rapid City Public Works and Rapid City Mayor Jim Shaw for their hard work on this issue. I am proud to sponsor and to support this legislation that will help satisfy the water needs of Rapid City's growing population.

Mr. Speaker, I yield back the balance of my time.