Aquifer Recharge Flexibility Act
This bill authorizes the use of certain Bureau of Reclamation facilities and federal land, excluding facilities and land in California, to convey water to recharge certain aquifers.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2871 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 2871
To provide flexibility to allow greater aquifer recharge, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 21, 2019
Mr. Fulcher introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide flexibility to allow greater aquifer recharge, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aquifer Recharge Flexibility Act''.
SEC. 2. FLEXIBILITY TO ALLOW GREATER AQUIFER RECHARGE IN WESTERN
STATES.
(a) Definitions.--In this Act:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau.
(3) Eligible land.--The term ``eligible land'', with
respect to a Reclamation project, means land that--
(A) is authorized to receive water under State law;
and
(B) shares a groundwater source with land located
in the service area of the Reclamation project.
(4) In-lieu recharge.--The term ``in-lieu recharge'' means
the use of surface water instead of pumped groundwater if that
use of surface water will cause the direct reduction or
elimination of groundwater withdrawals.
(5) Net water storage benefit.--The term ``net water
storage benefit'' means an increase in the volume of water that
is--
(A) stored in one or more aquifers; and
(B)(i) available for use within the area served by
a Reclamation project; or
(ii) stored on a long-term basis to avoid or reduce
groundwater overdraft.
(6) Reclamation facility.--The term ``Reclamation
facility'' means each of the infrastructure assets that are
owned by the Bureau at a Reclamation project.
(7) Reclamation project.--The term ``Reclamation project''
means any reclamation or irrigation project, including
incidental features thereof, authorized by Federal reclamation
law, or constructed by the United States pursuant to such law,
or in connection with which there is a repayment or water
service contract executed by the United States pursuant to such
law, or any project constructed by the Secretary through the
Bureau of Reclamation for the reclamation of land.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Use of Bureau Facilities.--
(1) In general.--The Commissioner may allow the use of
excess capacity in Bureau conveyance facilities for carriage of
non-Reclamation project water for aquifer recharge, subject to
applicable rates, charges, and public participation
requirements, on the condition that--
(A) the use--
(i) shall not be implemented in a manner
that is detrimental to--
(I) any water or power service
contract for the Reclamation project;
or
(II) any existing obligations for
fish, wildlife, or water quality
protection;
(ii) shall be consistent with existing
water quality guidelines for the Reclamation
project; and
(iii) shall comply with all applicable
Federal and State law and policies of the
Bureau of Reclamation; and
(B) the non-Federal party to an existing contract
for water or water capacity in a Reclamation facility
shall consent to the use of the Reclamation facility
under this subsection.
(2) Effect on existing contracts.--Nothing in this
subsection affects a contract--
(A) in effect on the date of enactment of this Act;
and
(B) under which the use of excess capacity in a
Bureau conveyance facility for carriage of non-
Reclamation project water for aquifer recharge is
allowed.
(c) Aquifer Recharge on Eligible Land.--
(1) In general.--Subject to paragraphs (3) and (4), a
holder of a water service or repayment contract for a
Reclamation project may--
(A) directly use water available under the contract
for aquifer recharge on eligible land; or
(B) enter into an agreement with an individual or
entity to transfer water available under the contract
for aquifer recharge on eligible land.
(2) Authorized project use.--Notwithstanding any other
provision of law, the use of water for aquifer recharge under
paragraph (1) shall be considered an authorized use for the
Reclamation project under the reclamation laws.
(3) Modifications to contracts.--The Secretary may modify
an existing water contract described in paragraph (1) if the
Secretary determines that the modification is--
(A) necessary to allow for the use of water
available under the contract for aquifer recharge under
this subsection;
(B) in the best interest of the Reclamation project
and the United States; and
(C) approved by the association of water users that
is responsible for repaying the cost of construction,
operations, and maintenance of the facility that
delivers the water under the contract.
(4) Requirements.--The use or transfer of water for aquifer
recharge under this subsection shall be subject to the
requirements that--
(A) the use or transfer shall not be implemented in
a manner that is detrimental to any water or power
service for the Reclamation project; and
(B) before the use or transfer, the Secretary shall
determine that the use or transfer--
(i)(I) results in a net water storage
benefit for the Reclamation project; or
(II) contributes to the recharge of a
depleted aquifer on eligible land; and
(ii) complies with all applicable Federal
and State laws and policies.
(d) In-Lieu Recharge.--To the extent consistent with State laws and
policies, in-lieu recharge may be carried out under this Act.
(e) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary should encourage the use of public land
administered by the Bureau of Land Management for aquifer
recharge, where appropriate, consistent with--
(A) the existing grant of right-of-way;
(B) as applicable, the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(C) applicable land and resource management plans;
and
(2) the Secretary should consider whether aquifer recharge
may be appropriate in certain areas of critical environmental
concern, if aquifer recharge--
(A) would enhance the values for which the area of
critical environmental concern has been designated; and
(B) is consistent with the management requirements
for the area of critical environmental concern.
(f) Conveyance for Aquifer Recharge Purposes.--The holder of a
right-of-way, easement, permit, or other authorization to transport
water across public land administered by the Bureau of Land Management
is authorized to transport water for aquifer recharge purposes,
including outside of the regular period of use, without requiring
additional authorization from the Secretary where the use does not
expand or interfere with the operation of the right-of-way, easement,
permit, or other authorization across public land.
(g) Exemption.--This Act shall not apply to the State of
California.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Water, Oceans, and Wildlife.
Subcommittee Hearings Held.
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