HR331-119

What This Bill Does

This bill amends the Aquifer Recharge Flexibility Act to make existing federal-land conveyance authorizations easier to use for groundwater recharge. A holder of a right-of-way, easement, permit, or other authorization may use that existing authorization for aquifer recharge and for the transport and use of water rights for aquifer recharge without seeking additional authorization from the Secretary of the Interior. The use can be by the holder or on behalf of a state, political subdivision, Indian Tribe, or public entity, and the bill says that use is not an expansion, modification, or substantial deviation from the existing authorization. At least 30 days before use, the holder must notify the Bureau of Land Management, identify the public entity or Tribe using the authorization, identify the existing authorization or recognized pre-1976 ditch or canal use, describe the intended scope of aquifer recharge use, and provide the agreement between the holder and the public entity or Tribe. The bill also clarifies that it does not waive compliance with federal law or Bureau policies and does not authorize construction, modification, or expansion of existing infrastructure.

Who Benefits and How

Water infrastructure right-of-way holders, irrigation districts, groundwater recharge project sponsors, state water agencies, county water districts, municipal water utilities, Indian Tribes, agricultural water users, and drought-affected communities benefit because they can repurpose existing authorized ditches, canals, easements, permits, and rights-of-way for aquifer recharge without a separate Interior approval, so long as they stay within the existing infrastructure footprint and give BLM notice.

Who Bears the Burden and How

The Bureau of Land Management, Interior Department public-lands staff, right-of-way holders, state water agencies, county water districts, municipal water utilities, and Indian Tribes bear burdens because they must submit and process 30-day notices, identify the authorizations and agreements being used, document intended scope, and remain subject to federal laws, Bureau policies, and limits against new construction, modification, or expansion.

Key Provisions

• Amends the Aquifer Recharge Flexibility Act to allow existing authorizations to be used for aquifer recharge and water-right transport without additional Interior authorization.
• Extends the flexibility to work done by or on behalf of states, political subdivisions, Indian Tribes, and public entities.
• Provides that qualifying use is not an expansion, modification, or substantial deviation from the existing authorization.
• Requires at least 30 days' notice to BLM with details on the user, authorization, intended scope, and agreement.
• Preserves compliance with federal laws and Bureau policies and bars new construction, modification, or expansion authority.