Page:United States Statutes at Large Volume 106 Part 6.djvu/118

This page needs to be proofread.


106 STAT. 4676 PUBLIC LAW 102-575—OCT. 30, 1992 (4) declining block rate schedules shall not be used for municipal households and special water users (as defined in the feasibility study); (5) public education programs; and (6) coordinated operation among each rural water system and the preexisting water supply facilities in its service area. Such programs shall contain provisions for periodic review and revision, in cooperation with the Secretary. SEC. 1906. MITIGATION OF FISH AND WILDLIFE LOSSES. Mitigation for fish and wildlife losses incurred as a result of the construction and operation of the water system shall be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction. SEC. 1907. USE OF PICK-SLOAN POWER. (a) IN GENERAL.—From power designated for fiiture irrigation and drainage pumping for the Pick-Sloan Missouri River Basin Program, Western shall make available the capacity and energy required to meet the pumping and incidental operational requirements of the water system during the summer electrical season. (b) CONDITIONS. — The capacity and energy described in subsection (a) shall be made available on the following conditions: (1) The water system shall be operated on a not-for-profit basis. (2) The water system shall contract to purchase its entire electric service requirements, including the capacity and energy made available under subsection (a), from a cooperative power supplier which purchases power from a cooperative power supplier which itself purchases power from Western. (3) The rate schedule applicable to the capacity and energy made available under subsection (a) shall be Western's Pick- Sloan Eastern Division Firm Power Rate Schedule in effect when the power is delivered by Western. (4) It shall be agreed by contract among— (A) Western; (B) the power supplier with which the water system contracts under paragraph (2); (C) that entity's power supplier; and (D) Mid-Dakote Rural Water System, Inc.; that for the capacity and energy made available under subsection (a), the benefit of the rate schedule described in paragraph (3) shall be passed through to the water system, but the water system's power supplier shall not be precluded from including in its charges to the water system for such electric service its other usual and customary charges. (5) Mia-Dakote Rural Water System, Inc., shall pay its power supplier for electric service, other than for capacity and energy supplied pursuant to subsection (a), in accordance with the power supplier's applicable rate schedule. SEC. 1908. RULE OF CONSTRUCTION. This title shall not be construed to limit authorization for water projects in the State of South Dakota under existing law or fiiture enactments. SEC. 1909. WATER RIGHTS. Nothing in this title shall be construed to—