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Code · BILL · 116th Congress · S. 3019 (Introduced in Senate) — To protect access to water for all Montanans, and for other purposes. · Sec. 6

Sec. 6. Storage allocation from Hungry Horse Reservoir

673 words·~3 min read·/bill/116/s/3019/is/section-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Secretary shall allocate to the Tribes 90,000 acre-feet per year, as measured at the Hungry Horse Dam, of storage water in Hungry Horse Reservoir for use by the Tribes for any beneficial purpose on or off the Reservation under a water right held by the United States and managed by the Bureau of Reclamation. The allocation under subsection
(a)shall be considered to be part of the Tribal Water Right. The Tribes shall administer the water allocated under subsection
(a)in accordance with, and subject to the limitations of, the Compact and this Act. As a condition of receiving the allocation under subsection (a), the Tribes shall enter into an agreement with the Secretary to establish the terms and conditions of the allocation, in accordance with the Compact and this Act. The agreement under paragraph
(1)shall include provisions establishing that— the agreement shall be without a limit as to a term; the Tribes, and not the United States, shall be entitled to all consideration due to the Tribes under any lease, contract, or agreement entered into by the Tribes pursuant to subsection (d); the United States shall have no obligation to monitor, administer, or account for— any funds received by the Tribes as consideration under any lease, contract, or agreement entered into by the Tribes pursuant to subsection (d); or the expenditure of those funds; if the capacity or function of any facility of Hungry Horse Reservoir or Hungry Horse Dam is significantly reduced, or is anticipated to be significantly reduced, for an extended period of time, the Tribes shall have the same storage rights as other storage contractors with respect to the allocation under subsection (a); the costs associated with the construction and operation of the storage facilities at Hungry Horse Reservoir and Hungry Horse Dam allocable to the Tribes shall be nonreimbursable; no water service capital charge shall be due or payable for the agreement or any water allocated under subsection (a), regardless of whether that water is delivered for use by the Tribes or under a lease, contract, or by an agreement entered into by the Tribes pursuant to subsection (d); the Tribes shall not be required to make payments to the United States for the agreement or any water allocated under subsection (a), except for each acre-foot of stored water leased or transferred for industrial purposes; for each acre-foot of stored water leased by the Tribes for industrial purposes— the Tribes shall pay annually to the United States an amount sufficient to cover the proportionate share of the annual operation, maintenance, and replacement costs for the Hungry Horse Project allocable to that quantity of water; and the annual payments of the Tribes shall be reviewed and adjusted, as appropriate, to reflect the actual operation, maintenance, and replacement costs for the Hungry Horse Project; and the costs described in subparagraphs
(G)and
(H)shall not apply to any lease or transfer for industrial purposes to— any entity of the Tribes; or any entity wholly owned by the Tribes. The Tribes may use, lease, contract, exchange, or enter into other agreements for use of the water allocated under subsection
(a)if— the water that is the subject of the agreement is used within the Flathead Basin or the Clark Fork Basin within the State; and the agreement does not permanently alienate any portion of water allocated under subsection (a). The Tribes shall make available not more than 11,000 acre-feet per year of the water allocated under subsection
(a)to the State, in accordance with the Compact. The allocation under subsection
(a)shall not be increased by any year-to-year carryover storage. The United States shall not be required to pay the cost of developing or delivering any water allocated under subsection (a). Except as provided in article III.C.1.c of the Compact, the Tribes shall not develop any new use for the allocation under subsection
(a)until the date on which the agreement entered into under subsection
(c)takes effect. The allocation under subsection
(a)takes effect on the enforceability date.
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