Page:United States Statutes at Large Volume 112 Part 5.djvu/466

 112 STAT. 3224 PUBLIC LAW 105-352—NOV. 3, 1998 SEC. 5. MITIGATION OF FISH AND WILDLIFE LOSSES. Mitigation of fish and wildlife losses incurred as a result of the construction and operation of the water supply system shall be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction, as provided in the engineering report. SEC. 6. USE OF PICK-SLOAN POWER. (a) IN GENERAL.— From power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri River Basin Program, the Western Area Power Administration shall make available the capacity and energy required to meet the pumping and incidental operational requirements of the water supply system during the period beginning May 1 and ending October 31 of each year. (b) CONDITIONS.—The capacity and energy described in subsection (a) shall be made available on the following conditions: (1) The water supply system shall be operated on a notfor-profit basis. (2) The water supply system shall contract to purchase its entire electric service requirements, including the capacity and energy made available under subsection (a), from a qualified preference power supplier that itself purchases power from the Western Area Power Administration. (3) The rate schedule applicable to the capacity and energy made available under subsection (a) shall be the firm power rate schedule of the Pick-Sloan Eastern Division of the Western Area Power Administration in effect when the power is delivered by the Administration. (4) It shall be agreed by contract among— (A) the Western Area Power Administration; (B) the power supplier with which the water supply system contracts under paragraph (2); (C) the power supplier of the entity described in subparagraph (B); and (D) the Fall River Water Users District; that in the case of 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 supply system, except that the power supplier of the water supply system shall not be precluded from including, in the charges of the supplier to the water system for the electric service, the other usual and customary charges of the supplier. SEC. 7. NO LIMITATION ON WATER PROJECTS IN STATE. This Act does not limit the authorization for water projects in South Dakota under law in effect on or after the date of enactment of this Act. SEC. 8. WATER RIGHTS. Nothing in this Act— (1) invalidates or preempts State water law or an interstate compact governing water; (2) alters the rights of any State to any appropriated share of the waters of any body of surface or ground water, whether determined by past or ftiture interstate compacts or by past or future legislative or final judicial allocations; (3) preempts or modifies any Federal or State law, or interstate compact, dealing with water quality or disposal; or

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