H.R. 9785 – South Dakota Water Feasibility Studies Act

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Updated July 22, 2026 at 5:44 AM UTC

The South Dakota Water Feasibility Studies Act directs the Interior Department to evaluate three potential water‑supply projects that would draw municipal, rural, and industrial water from the Missouri River basin to serve parts of South Dakota, Iowa, Minnesota, and Nebraska. The law requires coordination with local nonprofit water systems, cost‑sharing between the federal government and those entities, and public reporting of the study results. It provides $10 million for each study and sets a ten‑year deadline for completing the work.

Key Provisions

The Secretary of the Interior must conduct three separate feasibility studies—one for a western South Dakota water supply project, one for expanding the Lewis and Clark Regional Water System, and one for a Dakota Mainstem water supply project—each aimed at determining if new water delivery projects from the Missouri River basin are practical.
Each study is to be done in partnership with a designated non‑federal nonprofit water‑system entity, with the federal government covering no more than 50 % of the study costs and the non‑federal partner covering the rest.
After each study, the Secretary must produce a public feasibility report recommending whether to authorize construction and specifying that the non‑federal partner must fund at least 25 % of any construction costs, based on its ability to pay for operation and maintenance.
Each study is funded with up to $10 million in appropriations, and the authority to conduct the studies ends ten years after the law’s enactment.
The reports must be submitted to the Senate Energy and Natural Resources Committee and the House Natural Resources Committee.

Legislative Activity

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3 earlier actions

HouseCommittee Latest Action

Ordered to be Reported in the Nature of a Substitute by Unanimous Consent.

Natural Resources Committee

September 15, 2026

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HouseIntro Referral

Introduced in House

July 20, 2026

HouseIntro Referral

Referred to the House Committee on Natural Resources.

Natural Resources Committee

July 20, 2026

HouseCommittee

Committee Consideration and Mark-up Session Held

Natural Resources Committee

September 15, 2026

HouseCommittee

Ordered to be Reported in the Nature of a Substitute by Unanimous Consent.

Natural Resources Committee

September 15, 2026

Bill Text

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Introduced in HouseIssued July 20, 2026

I

119th CONGRESS

2d Session

H. R. 9785

IN THE HOUSE OF REPRESENTATIVES

July 20, 2026

Mr. Johnson of South Dakota introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To direct the Secretary of the Interior to conduct studies to determine the feasibility of constructing projects to supply municipal, rural, and industrial water in certain parts of the Missouri River basin, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the South Dakota Water Feasibility Studies Act.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Title I—WESTERN SOUTH DAKOTA WATER SUPPLY PROJECT FEASIBILITY STUDY

Sec. 101. Short title.

Sec. 102. Definitions.

Sec. 103. Western South Dakota water supply project feasibility study.

Title II—LEWIS AND CLARK REGIONAL WATER SYSTEM EXPANSION FEASIBILITY STUDY

Sec. 201. Short title.

Sec. 202. Definitions.

Sec. 203. Lewis and Clark Regional Water System expansion feasibility study.

Title III—DAKOTA MAINSTEM WATER SUPPLY PROJECT FEASIBILITY STUDY

Sec. 301. Short title.

Sec. 302. Definitions.

Sec. 303. Dakota Mainstem water supply project feasibility study.

I

WESTERN SOUTH DAKOTA WATER SUPPLY PROJECT FEASIBILITY STUDY

101.

Short title

This title may be cited as the Western South Dakota Water Supply Project Feasibility Study Act.

102.

Definitions

In this title:

(1)

Non-Federal project entity

The term non-Federal project entity means the Western Dakota Regional Water System, Inc., a nonprofit corporation.

(2)

Proposed rural water supply project

The term proposed rural water supply project means the proposed project to supply municipal, rural, and industrial water from the Missouri River to the Western Dakota Regional Water System.

(3)

Secretary

The term Secretary means the Secretary of the Interior.

103.

Western South Dakota water supply project feasibility study

(a)

Study

(1)

In general

The Secretary, in coordination with the non-Federal project entity, shall carry out a study to determine the feasibility of the proposed rural water supply project.

(2)

Feasibility report

After completion of the feasibility study for the proposed rural water supply project under paragraph (1), the Secretary shall—

(A)

develop a feasibility report that includes a recommendation of the Secretary on—

(i)

whether the proposed rural water supply project should be authorized for construction; and

(ii)

the appropriate non-Federal share of construction costs, which shall be—

(I)

at least 25 percent of the total construction costs; and

(II)

determined based on an analysis of the financial capability-to-pay the allocated construction and operations, maintenance, and replacement costs of the recommended plan;

(B)

submit the report under subparagraph (A) to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives; and

(C)

make the report under subparagraph (A) publicly available, along with associated feasibility study documents.

(3)

Consultation and cooperation

In addition to the non-Federal project entity, the Secretary shall consult and cooperate with appropriate Federal, State, Tribal, regional, and local authorities during the conduct of the feasibility study and development of the feasibility report under this subsection.

(b)

Cost-Sharing agreement for feasibility study costs

The Secretary shall enter into a cost-sharing agreement (or an appropriate financial assistance agreement, as determined by the Secretary) with the non-Federal project entity to conduct a study under subsection (a) that complies with the reclamation feasibility standards.

(c)

Federal share of feasibility study costs

The Federal share of the total costs of carrying out the feasibility study under subsection (a) shall not exceed 50 percent.

(d)

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this section $10,000,000.

(e)

Termination of authority

The authority provided by this section expires on the date that is 10 years after the date of enactment of this Act.

II

LEWIS AND CLARK REGIONAL WATER SYSTEM EXPANSION FEASIBILITY STUDY

201.

Short title

This title may be cited as the Lewis and Clark Regional Water System Expansion Feasibility Study Act.

202.

Definitions

In this title:

(1)

Non-Federal project entity

The term non-Federal project entity means—

(A)

the Lewis and Clark Regional Water System, Inc.; and

(B)

any nonprofit successor entity to the corporation described in subparagraph (A).

(2)

Proposed rural water supply project

The term proposed rural water supply project means the proposed project to supply municipal, rural, and industrial water to expand the capacity and reach of the Lewis and Clark Regional Water System in the States of Iowa, Minnesota, and South Dakota.

(3)

Secretary

The term Secretary means the Secretary of the Interior.

203.

Lewis and Clark Regional Water System expansion feasibility study

(a)

Study

(1)

In general

The Secretary, in coordination with the non-Federal project entity, shall carry out a study to determine the feasibility of the proposed rural water supply project.

(2)

Feasibility report

After completion of the feasibility study for the proposed rural water supply project under paragraph (1), the Secretary shall—

(A)

develop a feasibility report that includes a recommendation of the Secretary on—

(i)

whether the proposed rural water supply project should be authorized for construction; and

(ii)

the appropriate non-Federal share of construction costs, which shall be—

(I)

at least 25 percent of the total construction costs; and

(II)

determined based on an analysis of the financial capability-to-pay the allocated construction and operations, maintenance, and replacement costs of the recommended plan;

(B)

submit the report under subparagraph (A) to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives; and

(C)

make the report under subparagraph (A) publicly available, along with associated feasibility study documents.

(3)

Consultation and cooperation

In addition to the non-Federal project entity, the Secretary shall consult and cooperate with appropriate Federal, State, Tribal, regional, and local authorities during the conduct of the feasibility study and development of the feasibility report under this subsection.

(b)

Cost-Sharing agreement for feasibility study costs

The Secretary shall enter into a cost-sharing agreement (or an appropriate financial assistance agreement, as determined by the Secretary) with the non-Federal project entity to conduct a study under subsection (a) that complies with the reclamation feasibility standards.

(c)

Federal share of feasibility study costs

The Federal share of the total costs of carrying out the feasibility study under subsection (a) shall not exceed 50 percent.

(d)

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this section $10,000,000.

(e)

Termination of authority

The authority provided by this section expires on the date that is 10 years after the date of enactment of this Act.

III

DAKOTA MAINSTEM WATER SUPPLY PROJECT FEASIBILITY STUDY

301.

Short title

This title may be cited as the Dakota Mainstem Water Supply Project Feasibility Study Act.

302.

Definitions

In this title:

(1)

Dakota Mainstem Regional Water System

The term Dakota Mainstem Regional Water System means the Dakota Mainstem Regional Water System, Inc., a nonprofit corporation established and operated substantially in accordance with the reclamation feasibility standards to serve as a non-Federal project entity for purposes of the cooperative agreement entered into under section 303(a)(1).

(2)

Reclamation feasibility standards

The term reclamation feasibility standards means the eligibility criteria and feasibility study requirements described in part 404 of title 43, Code of Federal Regulations (or successor regulations).

(3)

Secretary

The term Secretary means the Secretary of the Interior.

303.

Dakota Mainstem water supply project feasibility study

(a)

Study

(1)

In general

The Secretary, in consultation with the Dakota Mainstem Regional Water System, through a cooperative agreement, may undertake a study to determine the feasibility of constructing a project to supply municipal, rural, and industrial water to the Dakota Mainstem Regional Water System service area in the States of South Dakota, Iowa, Nebraska, and Minnesota.

(2)

Requirement

The study under paragraph (1) shall comply with the reclamation feasibility standards.

(b)

Federal share

The Federal share of the total costs of carrying out the feasibility study under this section shall not exceed 50 percent.

(c)

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this section $10,000,000.

(d)

Termination of authority

The authority provided by this section expires on the date that is 10 years after the date of enactment of this Act.