09.13.24

Hoeven Sponsoring Legislation to Support More Reliable, Drought-Resistant Water Supplies in North Dakota

Senate ENR Committee Reviews Hoeven DWRA Amendments Bill; Senator Secures Support of BOR Commissioner

WASHINGTON – Senator John Hoeven this week introduced bipartisan legislation to support 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. 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.

o   North Dakota will reach the state MR&I authorization ceiling at the end of fiscal year (FY) 2024.

o   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.

o   Although the DWRA authorized funding for non-reimbursable costs related to BWT facilities, no authorization ceiling was outlined.

o   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 also discussed the legislation at a hearing of the Senate Energy and Natural Resources (ENR) Committee and 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.

“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 Senator 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.”

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.

“This legislation is crucial for securing safe and dependable water supplies for North Dakota’s communities and Tribal nations,” said Senator 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.”

“We must deliver an adequate and reliable water supply across the state at an affordable rate,” said Rep. 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 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.

·       North Dakota Department of Water Resources, Garrison Diversion, Lake Agassiz Water Authority and North Dakota Rural Water Systems Association.

-###-