Sec. 6. Bureau of Reclamation activities to improve water management
696 words·~3 min read·
/bill/113/s/434/is/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to paragraphs
(2)and (3), the purposes of the Milk River Project shall include— irrigation; flood control; the protection of fish and wildlife; recreation; the provision of municipal, rural, and industrial water supply; and hydroelectric power generation. Except as provided in subparagraph (B), the Secretary shall not increase any water use by the Milk River Project as a result of the purposes described in paragraph
(1)beyond the quantity of water use authorized by valid contracts in effect on the date of enactment of this Act, until the St. Mary River water right is fulfilled. Subparagraph
(A)shall not apply to any contract entered into by the Secretary and the Tribe under subsection
(b)or
(c)of section 5. In addition to the purposes described in paragraph (1), use of Milk River Project facilities to transport water for the Tribe pursuant to subsections (b), (c), and
(e)of section 5, together with any use by the Tribe of such water in accordance with the tribal water code— shall be considered to be an authorized purpose of the Milk River Project; and shall not change the priority date of any tribal water right. Subject to paragraph (2), the Secretary, acting through the Commissioner of Reclamation, in cooperation with the Tribe and the State, shall conduct a study— to evaluate the feasibility of alternatives for the rehabilitation of the St. Mary Unit; to identify alternatives to provide additional St. Mary River water and Milk River water to the Tribe; to evaluate the feasibility of the development of increased storage in Fresno Reservoir; to establish a cost allocation based on the purposes described in this section; and to develop a plan for the management and development of water supplies in the St. Mary River basin and the Milk River basin. Before conducting the study under this subsection, and regularly during the course of the study, the Secretary shall consult with the Tribe, the State, and the Milk River Project users concerning the identification of alternatives to make additional water available to the Tribe in fulfillment of the St. Mary River water right and the Milk River water right for delivery through the St. Mary Unit or from direct flow. Not later than 3 years after the date on which funds are made available to carry out this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the results of the study under this subsection. The cost of the study under this subsection shall not be— considered to be a project cost; or reimbursable in accordance with the Federal reclamation laws. Not later than 1 year after the date of enactment of this Act, and not less frequently than annually thereafter, the Commissioner of Reclamation shall consult with the Tribe regarding the management of the St. Mary Unit by the Bureau of Reclamation. As soon as practicable after the date of enactment of this Act, but not later than 5 years after the enforceability date, the Secretary, acting through the Commissioner of Reclamation, shall carry out appropriate activities to implement the Swift Current Creek Bank stabilization project. The scope of the activities conducted under this subsection shall be as generally described in the document entitled Boulder/Swiftcurrent Creek Stabilization Project, Phase II Investigations Report , prepared by DOWL HKM, and dated January 2012 (as updated or amended by the phase III report). As soon as practicable after the date of enactment of this Act, but not later than the enforceability date, the Secretary shall offer to enter into an agreement with the Tribe to establish a process to resolve any issues associated with the location and extent of the Federal rights-of-way, easements, and other property interests in and to the Milk River Project that are located on land of the Tribe. The total amount of obligations incurred by the Secretary in carrying out this section shall not exceed $25,200,000, including— $1,700,000 for a right-of-way survey; $3,800,000 for the St. Mary River feasibility study under subsection (b); and $19,700,000 for the Swift Current Creek Bank stabilization project under subsection (d).