Development
of
a
quality
water
supply
of
sufficient
quantity
for
the
Red
River
Valley
in
North
Dakota
has
been
a
subject
of
interest
and
concern
to
local
residents,
government
officials,
and
others.
On
December
15,
2000,
the
106th
Congress
passed
the
Dakota
Water
Resources
Act
of
2000
(DWRA),
which
was
signed
into
law
on
December
21,
2000.
Sections
5
and
8
of
DWRA
authorize
the
Red
River
Valley
Water
Supply
Project
(Red
River
Project).
The
Act
directs
the
Secretary
of the
Interior
to
conduct
a
comprehensive
study
of
the
water
quality
and
quantity
needs
of
the
Red
River
Valley
in
North
Dakota
and
possible
options
for
meeting
those
needs.
The
Biota
Transfer
Specific
Plan
of
Study
(SPOS)
identifies
tasks
which
when
completed
will
assist
in
the
evaluation
of
risks
and
consequences
of
biological
invasions
associated
with
potential
inter-basin
water
transfers
between
the
Upper
Missouri
River
and
Red
River
basins
as
part
of
the
Red
River
Valley
Water
Supply
Project
EIS
process.
The
following
are
excerpts
from
the
Dakota
Water
Resources
Act
that
specifically
apply
to
the
Red
River
Valley
Water
Supply
Project:
Dakota
Water
Resources
Act
(Sections
5
and
8):
The
Secretary
shall
maintain
the
Snake
Creek
Pumping
Plant,
New
Rockford
Canal,
and
McClusky
Canal
features
of
the
principal
supply
works.
Subject
to
the
provisions
of
section
(8)
of
this
Act,
the
Secretary
shall
select
a
preferred
alternative
to
implement
the
Dakota
Water
Resources
Act
of
2000.
In
making
this
section,
one
of
the
alternatives
the
Secretary
shall
consider
is
whether
to
connect
the
principal
supply
works
in
existence
on
the
date
of
enactment.; "
"SYKESTON
CANAL-
Sykeston
Canal
is
hereby
deauthorized.
(a)
Red
River
Valley
Water
Supply
Project-
(1)
IN
GENERAL-
Subject
to
the
requirements
of
this
section,
the
Secretary
shall
construct
a
feature
or
features
to
provide
water
to
the
Sheyenne
River
water
supply
and
release
facility
or
such
other
feature
or
features
as
are
selected
under
subsection
(d).
(2)
DESIGN
AND
CONSTRUCTION-
The
feature
or
features
shall
be
designed
and
constructed
to
meet
only
the
following
water
supply
requirements
as
identified
in
the
report
prepared
pursuant
to
subsection
(b)
of
this
section:
Municipal,
rural,
and
industrial
water
supply
needs;
ground
water
recharge;
and
streamflow
augmentation.
(3)
COMMENCEMENT
OF
CONSTRUCTION-
(A)
If
the
Secretary
selects
a
project
feature
under
this
section
that
would
provide
water
from
the
Missouri
River
or
its
tributaries
to
the
Sheyenne
River
water
supply
and
release
facility
or
from
the
Missouri
River
or
its
tributaries
to
such
other
conveyance
facility
as
the
Secretary
selects
under
this
section,
no
later
than
90
days
after
the
completion
of
the
final
environmental
impact
statement,
the
Secretary
shall
transmit
to
Congress
a
comprehensive
report
which
provides--
(i)
a
detailed
description
of
the
proposed
project
feature;
(ii)
a
summary
of
major
issues
addressed
in
the
environmental
impact
statement;
(iii)
likely
effects,
if
any,
on
other
States
bordering
the
Missouri
River
and
on
the
State
of
Minnesota;
(iv)
a
description
of
how
the
project
feature
complies
with
the
requirements
of
section
1(h)(1)
of
this
Act
(relating
to
the
Boundary
Waters
Treaty
of
1909).
(B)
No
project
feature
or
features
that
would
provide
water
from
the
Missouri
River
or
its
tributaries
to
the
Sheyenne
River
water
supply
and
release
facility
or
from
the
Missouri
River
or
its
tributaries
to
such
other
conveyance
facility
as
the
Secretary
selects
under
this
section
shall
be
constructed
unless
such
feature
is
specifically
authorized
by
an
Act
of
Congress
approved
subsequent
to
the
Secretary's
transmittal
of
the
report
required
in
subparagraph
(A).
If,
after
complying
with
subsections
(b)
through
(d)
of
this
section,
the
Secretary
selects
a
feature
or
features
using
only
in-basin
sources
of
water
to
meet
the
water
needs
of
the
Red
River
Valley
identified
in
subsection
(b),
such
features
are
authorized
without
further
Act
of
Congress.
The
Act
of
Congress
referred
to
in
this
subparagraph
must
be
an
authorization
bill,
and
shall
not
be
a
bill
making
appropriations.
(C)
The
Secretary
may
not
commence
construction
on
the
feature
until
a
master
repayment
contract
or
water
service
agreement
consistent
with
this
Act
between
the
Secretary
and
the
appropriate
non-Federal
entity
has
been
executed.
(b)
Report
on
Red
River
Valley
Water
Needs
and
Options-
(1)
IN
GENERAL-
The
Secretary
of
the
Interior
shall
conduct
a
comprehensive
study
of
the
water
quality
and
quantity
needs
of
the
Red
River
Valley
in
North
Dakota
and
possible
options
for
meeting
those
needs.
(2)
NEEDS-
The
needs
addressed
in
the
report
shall
include
such
needs
as--
(A)
municipal,
rural,
and
industrial
water
supplies;
(B)
water
quality;
(C)
aquatic
environment;
(D)
recreation;
and
(E)
water
conservation
measures.
(3)
PROCESS-
In
conducting
the
study,
the
Secretary
through
an
open
and
public
process
shall
solicit
input
from
gubernatorial
designees
from
states
that
may
be
affected
by
possible
options
to
meet
such
needs
as
well
as
designees
from
other
federal
agencies
with
relevant
expertise.
For
any
option
that
includes
an
out-of-basin
solution,
the
Secretary
shall
consider
the
effect
of
the
option
on
other
states
that
may
be
affected
by
such
option,
as
well
as
other
appropriate
considerations.
Upon
completion,
a
draft
of
the
study
shall
be
provided
by
the
Secretary
to
such
states
and
federal
agencies.
Such
states
and
agencies
shall
be
given
not
less
than
120
days
to
review
and
comment
on
the
study
method,
findings
and
conclusions
leading
to
any
alternative
that
may
have
an
impact
on
such
states
or
on
resources
subject
to
such
federal
agencies'
jurisdiction.
The
Secretary
shall
receive
and
take
into
consideration
any
such
comments
and
produce
a
final
report
and
transmit
the
final
report
to
Congress.
(4)
LIMITATION-
No
design
or
construction
of
any
feature
or
features
that
facilitate
an
out-of-basin
transfer
from
the
Missouri
River
drainage
basin
shall
be
authorized
under
the
provisions
of
this
subsection.
(c)
Environmental
Impact
Statement-
(1)
IN
GENERAL-
Nothing
in
this
section
shall
be
construed
to
supersede
any
requirements
under
the
National
Environmental
Policy
Act
or
the
Administrative
Procedures
Act.
(2)
Draft-
(A)
DEADLINE-
Pursuant
to
an
agreement
between
the
Secretary
and
State
of
North
Dakota
as
authorized
under
section
1(g),
not
later
than
1
year
after
the
date
of
enactment
of
the
Dakota
Water
Resources
Act
of
2000,
the
Secretary
and
the
State
of
North
Dakota
shall
jointly
prepare
and
complete
a
draft
environmental
impact
statement
concerning
all
feasible
options
to
meet
the
comprehensive
water
quality
and
quantity
needs
of
the
Red
River
Valley
and
the
options
for
meeting
those
needs,
including
the
delivery
of
Missouri
River
water
to
the
Red
River
Valley.
(B)
REPORT
ON
STATUS-
If
the
Secretary
and
State
of
North
Dakota
cannot
prepare
and
complete
the
draft
environmental
impact
statement
within
1
year
after
the
date
of
enactment
of
the
Dakota
Water
Resources
Act
of
2000,
the
Secretary,
in
consultation
and
coordination
with
the
State
of
North
Dakota,
shall
report
to
Congress
on
the
status
of
this
activity,
including
an
estimate
of
the
date
of
completion.
(3)
Final-
(A)
DEADLINE-
Not
later
than
1
year
after
filing
the
draft
environmental
impact
statement,
a
final
environmental
impact
statement
shall
be
prepared
and
published.
(B)
REPORT
ON
STATUS-
If
the
Secretary
and
State
of
North
Dakota
cannot
prepare
and
complete
a
final
environmental
impact
statement
within
1
year
of
the
completion
of
the
draft
environmental
impact
statement,
the
Secretary,
in
consultation
and
coordination
with
the
State
of
North
Dakota,
shall
report
to
Congress
on
the
status
of
this
activity,
including
an
estimate
of
the
date
of
completion.
(d)
Process
for
Selection-
(1)
IN
GENERAL-
After
reviewing
the
final
report
required
by
subsection
(b)(1)
and
complying
with
subsection
(c),
the
Secretary,
in
consultation
and
coordination
with
the
State
of
North
Dakota
in
coordination
with
affected
local
communities,
shall
select
1
or
more
project
features
described
in
subsection
(a)
that
will
meet
the
comprehensive
water
quality
and
quantity
needs
of
the
Red
River
Valley.
The
Secretary's
selection
of
an
alternative
shall
be
subject
to
judicial
review.
(2)
AGREEMENTS-
If
the
Secretary
selects
an
option
under
paragraph
(1)
that
uses
only
in-basin
sources
of
water,
not
later
than
180
days
after
the
record
of
decision
has
been
executed,
the
Secretary
shall
enter
into
a
cooperative
agreement
with
the
State
of
North
Dakota
to
construct
the
feature
or
features
selected.
If
the
Secretary
selects
an
option
under
paragraph
(1)
that
would
require
a
further
act
of
Congress
under
the
provisions
of
subsection
(a),
not
later
than
180
days
after
the
date
of
enactment
of
legislation
required
under
subsection
(a)
the
Secretary
shall
enter
into
a
cooperative
agreement
with
the
State
of
North
Dakota
to
construct
the
feature
or
features
authorized
by
that
legislation.
(e)
SHEYENNE
RIVER
WATER
SUPPLY
AND
RELEASE
OR
ALTERNATE
FEATURES-
The
Secretary
shall
construct,
operate,
and
maintain
a
Sheyenne
River
water
supply
and
release
feature
(including
a
water
treatment
plant)
capable
of
delivering
100
cubic
feet
per
second
of
water
or
any
other
amount
determined
in
the
reports
under
this
section,
for
the
cities
of
Fargo
and
Grand
Forks
and
surrounding
communities,
or
such
other
feature
or
features
as
may
be
selected
under
subsection
(d).
(f)
DEVILS
LAKE-
No
funds
authorized
under
this
Act
may
be
used
to
carry
out
the
portion
of
the
feasibility
study
of
the
Devils
Lake
basin,
North
Dakota,
authorized
under
the
Energy
and
Water
Development
Appropriations
Act
of
1993
(Public
Law
102-377),
that
addresses
the
needs
of
the
area
for
stabilized
lake
levels
through
inlet
controls,
or
to
otherwise
study
any
facility
or
carry
out
any
activity
that
would
permit
the
transfer
of
water
from
the
Missouri
River
drainage
basin
into
Devils
Lake,
North
Dakota."
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