Page:United States Statutes at Large Volume 102 Part 3.djvu/619

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-516—OCT. 24, 1988

102 STAT. 2571

Herreid Unit of the Pick-Sloan shall be reserved for and utilized by the Systems and made available for the purpose authorized by subsection (a). (c) RATE.—The rate for project use power made available pursuant to subsection (a) shall be the wholesale firm power rate for PickSloan (Eastern Division) in effect at the time the power is sold. (d) ADDITIONAL POWER.—If additional power beyond that made available through subsection (b) is required to meet the pumping requirements of the Systems, the Administrator of the Western Area Power Administration is authorized to purchase the additional power needed under such terms and conditions the Administrator deems appropriate. Expenses associated with such power purchases shall be recovered through a separate power charge, sufficient to recover these expenses, applied to the Systems. (e) DEFINITIONS.—For purposes of this section— (1) the term "Systems" means the Oglala Sioux Rural Water Supply System, the West River Rural Water System, and the Lyman-Jones Rural Water System; and (2) the term "Pick-Sloan means the Pick-Sloan Missouri Basin Program authorized by section 9 of the Act of December 22, 1944 (58 Stat. 891; commonly referred to as the Flood Control Act of 1944). SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

(a) PLANNING, DESIGN, AND CONSTRUCTION.—There are authorized to be appropriated $87,500,000 for the planning, design, and construction of the Oglala Sioux Rural Water Supply System, the West River Rural Wat^r System, and the L3mian-Jones Rural Water System under the provisions of sections 3 and 4. Such funds are authorized to be appropriated only through the end of the ninth fiscal year after which construction funds are first made available. The funds authorized to be appropriated by the first sentence of this section, less any amounts previously obligated for the Systems, may be increased or decreased by such amounts as may be justified by reason of ordinary fluctuations in development costs incurred after January 1, 1987, as indicated by engineering costs indices applicable for the t3rpe of construction involved. (b) OPERATION AND MAINTENANCE OF OGLALA SIOUX RURAL WATER SUPPLY SYSTEM.—There are authorized to be appropriated such

sums as may be necessary for the operation and maintenance oiF the Oglala Sioux Rural Water Supply System. SEC. 11. WATER RIGHTS.

Nothing in sections 1 through 12 shall be construed to— (1) impair the validity of or preempt any provision of State water law, or of any interstate compact governing water; (2) alter the rights of any State to any appropriated share of the waters of any body or surface or ground water, whether determined by past or future interstate compacts, or by past or future legislative or final judicial allocations; (3) preempt or modify any State or Federal law or interstate compact dealing with water quality or disposal; (4) confer upon any non-Federal entity the ability to exercise any Federal right to the waters of any stream or to any ground water resources; or (5) affect any water rights or claims thereto of the Oglala Sioux Tribe, whether located within or without the external

State and local governments.

Claims.