Sen. Hoeven Sponsors Legislation to Support ENDAWS, Sen. Cramer and Rep. Armstrong Provide Support in U.S. Senate and House
Senator John Hoeven introduced bipartisan legislation in mid-September to support more reliable, drought-resistant water supplies in North Dakota while also helping to fulfill federal compensation that was promised to the state and tribes upon the construction of the Garrison Dam and Oahe Dam.
Specifically, the 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. North Dakota will reach the state MR&I authorization ceiling at the end of fiscal year 2024. 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).
ENDAWS is an alternate bulk water supply to the Red River Valley Water Supply Project (RRVWSP), a municipal, rural and industrial water supply project being developed to meet the water needs of central and eastern North Dakota. The state project, co-sponsored by the Garrison Diversion Conservancy District (Garrison Diversion) and Lake Agassiz Water Authority (LAWA), is designed with an intake on the Missouri River. Garrison Diversion estimates using the proposed alternate water source of Reclamation’s McClusky Canal could save millions of dollars in construction and operations and maintenance costs.
The DWRA amendment would also ensure that biota water treatment (BWT) costs are fully accounted for, which are the responsibility of the federal government. Although the DWRA authorized funding for non-reimbursable costs related to BWT facilities, no authorization ceiling was outlined in the legislation. 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.
Sen. Hoeven 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. The Senator has 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 Sen. 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 Sen. 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.”
The legislation is cosponsored by Sen. Kevin Cramer and Sen. Alex Padilla of California. Rep. Kelly Armstrong 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 Sen. 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.”
