Central ND News

Senator John Hoeven has introduced bipartisan legislation aimed at ensuring more reliable and drought-resistant water supplies in North Dakota. The bill seeks to address federal compensation commitments made to the state and tribal nations following the construction of the Garrison Dam and Oahe Dam.

The proposed legislation 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 its five Tribal Nations. North Dakota is expected to reach its MR&I authorization ceiling by the end of fiscal year 2024, necessitating an increase to complete ongoing projects such as the Northwest Area Water Supply Project (NAWS) and the Eastern North Dakota Alternate Water Supply Project (ENDAWS).

Additionally, the bill aims to ensure that biota water treatment (BWT) costs are fully covered by federal funds. Although DWRA authorized funding for non-reimbursable BWT facility costs, it did not specify an authorization ceiling. Consequently, significant MR&I resources have been diverted to cover these federal responsibilities under the Boundary Waters Treaty of 1909.

Hoeven discussed this legislation during a Senate Energy and Natural Resources Committee hearing, securing support from Bureau of Reclamation Commissioner Camille Touton. Hoeven had previously hosted Touton in North Dakota to review progress on state water supply projects and highlight issues with the MR&I program.

“The Garrison Diversion was established to compensate North Dakota and Tribal Nations in the state for the loss of more than half a million acres when federal reservoirs were established along the Missouri River,” said Senator Hoeven. “Not only was the Garrison Diversion never completed, but grant program authorizations meant to replace it were inadequate for long-term needs. Our legislation would correct this issue, ensuring sufficient funding authorizations for water supply projects like NAWS and ENDAWS.”

Senators Alex Padilla (D-Calif.) and Kevin Cramer (R-N.D.) are cosponsoring Hoeven’s legislation. Congressman Kelly Armstrong has introduced a companion 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 by the federal government for damming up the Missouri River.”

“We must deliver an adequate and reliable water supply across the state at an affordable rate,” added Rep. Armstrong. “Our legislation amends DWRA to provide our producers with intended rates, gives clarity when building a dependable water supply, and secures clean drinking water for our communities.”

Stakeholder letters of support have been received from entities including Mandan, Hidatsa, 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.