North Dakota Delegation Reintroduces Bill to Support Lower Rates for Irrigators

Source: United States Senator Kevin Cramer (R-ND)

BISMARCK – U.S. Senators Kevin Cramer (R-ND) and John Hoeven (R-ND) and Congressman Kelly Armstrong (R-ND) introduced S.461 to amend the Dakota Water Resources Act (DWRA) and allow more North Dakota irrigators to obtain project use power (PUP) rates through the Bureau of Reclamation (BOR).

“When the Dakota Water Resources Act passed over 20 years ago, it provided North Dakota irrigators a pathway for lower rates, but these benefits have not been realized,” said Senator Cramer. “Our bill corrects a fundamental error so our state’s irrigators can access the cost-effective rates they were promised in exchange for allowing the government to flood prime North Dakota farmland. It’s time to fix this.”

“North Dakota gave up significant portions of farmland for the sake of federal water projects, and our farmers, ranchers and communities deserve fair rates for irrigation, consistent with the Dakota Water Resources Act,” said Senator Hoeven. “Our legislation will help ensure access to reliable and affordable water supplies for North Dakota irrigators, providing a critical resource to our state’s agriculture producers and supporting a more resilient farm economy.”

“The Dakota Water Resources Act was passed to protect North Dakota’s water rights, but many farmers are unable to obtain water resources at the rates they were promised. Our legislation will bring ag producers clarity and ensure that the Bureau of Reclamation provides them with the rates that Congress intended for them to receive,” said Congressman Armstrong.

BOR oversees implementation of the DWRA, a bill enacted in 2000 to help meet the water needs of North Dakota. However, BOR’s interpretation of the bill has prevented irrigators in the state from receiving PUP rates, despite the fact existing irrigation areas are financially feasible. Per the DWRA, the areas in question are 28,000 acres in the Missouri River Basin exclusive of the James River Basin, such as the Horsehead Flats area. Allowing PUP rates would make irrigation more affordable and benefit North Dakota’s agricultural economy, which lost thousands of acres to create the Garrison and Oahe reservoirs.

Supporting stakeholders include the North Dakota Irrigation Association and the North Dakota Association of Rural Electric Cooperatives (NDAREC).

“The Missouri River is North Dakota’s greatest water resource. Across the state, North Dakota is diligently working to put Missouri River water to use for the benefit of citizens across the state. This bill will fulfill the federal government’s longstanding promise to provide affordable energy to power irrigation along the Missouri River,” said Steve Hansen, Chairman of the North Dakota Irrigation Association. “Providing this benefit will help put more of this important resource to use to support strong agriculture and vibrant rural communities in North Dakota.”

“We are thankful for the steadfast efforts of Senator Cramer and our North Dakota congressional delegation on the Horsehead Irrigation District project, as laid out in the Dakota Water Resources Act,” said Josh KramerExecutive Vice President and General Manager of NDAREC. “By allowing for additional irrigation, farmland will become even more productive, which benefits local cooperative members and local communities.”

Last week, Senators Cramer and Hoeven sent a letter to Senate Energy and Natural Resources (ENR) Committee Chairman Joe Manchin (D-WV) and Ranking Member John Barrasso (R-WY) asking for S.461 to be included in the next legislative markup. The Senators introduced identical legislation in the 116th and 117th Congresses. In May 2022, ENR held a hearing on the bill and BOR’s official testimony did not oppose the measure.