Dakota Water Resources Act Amendments of 2026
- Bill Number
- S. 4040
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Water Resources Development
- Status
- Introduced
- Latest Action
- 2026-06-10: Committee on Energy and Natural Resources. Ordered to be reported without amendment favorably.
- Last Updated
- 2026-06-11T12:33:39Z
AI-Generated Summary
Purpose
The Dakota Water Resources Act Amendments of 2026 aims to update funding authorizations for water supply projects in North Dakota, focusing on state, tribal, municipal, rural, and industrial needs. It amends Public Law 89-108 (the original Dakota Water Resources Act) to provide additional appropriations for completing specific water infrastructure projects, adjusting cost indexing, and supporting tribal water systems.
Key Provisions
- Additional Appropriations for Non-Tribal Projects (Section 2(b)(1)(D)):
- Authorizes $120 million (indexed for inflation) to complete the Northwest Area Water Supply Biota Water Treatment Plant and Pump Station Project.
- Authorizes $404 million (indexed) for the McClusky Canal and Missouri River North Alternative in the Eastern North Dakota Alternate Water Supply Project.
- Authorizes $50 million (indexed) for the Southwest Pipeline Project, covering raw water intake, pump station, transmission line upgrades, hydraulic improvements, and rural distribution.
- Authorizes $63 million (indexed) for North Dakota rural water districts, including expansions for the South Central Regional Water District and Northeast North Dakota Long-Term Water Supply Project.
- Allows transfers of funds between these projects, limited to no more than a 50% increase for any single project.
- Permits the Secretary of the Interior to use necessary funds for final engineering reports on certain projects, due within 2 years of enactment.
- Additional Appropriations for Tribal Projects (Section 2(b)(2)(C)):
- Authorizes $743 million (indexed) total for rural water systems under section 7(d) of the original law.
- Allocates up to $118 million for the Spirit Lake Rural Water System (Fort Totten Indian Reservation).
- Allocates up to $275 million for the Three Affiliated Tribes Rural Water System (Fort Berthold Indian Reservation).
- Allocates up to $240 million for the Standing Rock Rural Water System (Standing Rock Indian Reservation).
- Allocates up to $98 million for the Turtle Mountain Rural Water System (Turtle Mountain Indian Reservation).
- Allocates $12 million for a feasibility study and potential construction of a water system for the Lake Traverse Indian Reservation (Sisseton-Wahpeton Oyate Tribe), contingent on feasibility determination.
- Permits use of funds for final engineering reports on the four main tribal systems, due within 2 years of enactment.
- Funding for Planning and Other Uses (Section 2(c)(2)):
- Increases authorization to $75 million for activities under section 11 (planning, design, and environmental compliance), available until expended.
- Cost Indexing (Section 2(e)):
- Updates indexing mechanisms for various authorized amounts to account for construction cost fluctuations, using engineering cost indices.
- Applies different baseline dates for indexing based on prior laws (e.g., 2000 for some, 2026 for others).
- Maintains existing cost ceilings for other parts of the law unchanged.
- Natural Resources Trust Update (Section 3):
- Expands eligibility for the trust fund to include revenues from the new authorizations under section (b)(1)(D).
Significant Changes to Existing Law
- Increases and specifies funding for targeted water projects beyond previous general authorizations in Public Law 89-108, which had broader but less detailed appropriations (e.g., prior caps like $200 million for certain categories).
- Introduces project-specific allocations and transfer flexibility, which were not previously detailed.
- Enhances tribal funding by adding dedicated amounts for completing multiple reservation water systems and initiating a new feasibility study.
- Revises indexing to better reflect current construction costs, starting from enactment dates of this bill or recent appropriations acts.
- Raises the section 11 planning authorization from an unspecified prior amount to $75 million.
- Integrates new non-tribal project funds into the Natural Resources Trust for revenue generation.
Potential Impacts
- Government Agencies: The Bureau of Reclamation (under the Department of the Interior) will oversee project completion, engineering reports, and fund allocation, potentially increasing administrative workload but providing clearer funding streams for water infrastructure in the Missouri River Basin.
- Citizens and Communities: Improves access to reliable water supplies for rural, municipal, and industrial users in North Dakota, addressing shortages in agriculture, drinking water, and economic development. Tribal communities on reservations will benefit from safer, expanded water systems, reducing health risks from contaminated sources.
- International Relations: Minimal direct impact, though projects in the Missouri River Basin could indirectly support U.S. water management in shared North American basins.
Main Stakeholders Affected
- Tribal Nations: Spirit Lake Tribe, Three Affiliated Tribes (Mandan, Hidatsa, Arikara), Standing Rock Sioux Tribe, Turtle Mountain Band of Chippewa, and Sisseton-Wahpeton Oyate (Lake Traverse), gaining funds for essential water infrastructure on reservations.
- State and Local Entities: North Dakota state government, rural water districts (e.g., South Central Regional, Northeast North Dakota), municipalities (e.g., Dickinson), and industrial users, benefiting from project completions and expansions.
- Federal Agencies: Bureau of Reclamation as primary implementer; Congress for oversight of appropriations.
- Residents and Businesses: Rural and urban populations in western and eastern North Dakota, including farmers and industries reliant on water for irrigation and operations.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens compliance with federal reclamation laws by mandating feasibility determinations and environmental assessments (referencing existing records of decision). Indexing ensures funds adjust for inflation, preventing erosion of purchasing power, but transfer limits maintain congressional intent for balanced allocation.
- Constitutional: Supports the federal trust responsibility to tribes by funding reservation infrastructure, aligning with treaty obligations for resources on Indian lands. No apparent conflicts with property rights or states' rights, as it builds on existing federal water projects.
- Political: Bipartisan sponsorship (e.g., Senators Hoeven, Padilla, Cramer) highlights regional focus on water security in the Dakotas, potentially setting precedent for similar amendments in other arid or basin states. Could influence future appropriations debates by tying funds to specific, measurable project milestones.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Sen. Padilla, Alex [D-CA], Sen. Cramer, Kevin [R-ND]
Recent Actions
- 2026-06-10: Committee on Energy and Natural Resources. Ordered to be reported without amendment favorably.
- 2026-03-17: Committee on Energy and Natural Resources Subcommittee on Water and Power. Hearings held.
- 2026-03-10: Read twice and referred to the Committee on Energy and Natural Resources.
- 2026-03-10: Introduced in Senate
Bill Versions
- Dakota Water Resources Act Amendments of 2026 — issued 2026-03-10 — PDF (10 pages)