“A bill to amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.”
No CRS summary available for this bill.
This section revises subsection (c)(3) of the Aquifer Recharge Flexibility Act (43 U.S.C. 390g–9)—which authorizes holders of Bureau of Reclamation rights-of-way, easements, permits, or other authorizations to transport non-Federal water for aquifer recharge without additional Bureau approval, provided the use does not expand or alter project operations—as follows: (1) expands allowable users to include actions by or on behalf of a State, political subdivision, Indian Tribe, or public entity; (2) requires the holder to submit notice to the Bureau of Land Management at least 30 days prior to use, identifying the entity, authorization, intended scope, and use agreement; and (3) exempts such uses from additional rent payments, except for for-profit uses or entities. The section further amends subsection (c)(4) to clarify that the provision (A) creates no new water rights or places of use, (B) does not waive compliance obligations under the Federal Water Pollution Control Act, Endangered Species Act of 1973, or Wild and Scenic Rivers Act for holders of such authorizations, and (C) provides no authority to construct, modify, or expand infrastructure. (Thus, aquifer recharge via existing Reclamation conveyances in western states is facilitated for public and tribal entities with streamlined procedures and no added federal costs or environmental waivers.) The section also makes technical amendments replacing references to the "Act" with "section."