Title 33Navigation and Navigable WatersRelease 119-73

§2357 Managed aquifer recharge study and working group

Title 33 › Chapter CHAPTER 36— - WATER RESOURCES DEVELOPMENT › Subchapter SUBCHAPTER V— - GENERAL PROVISIONS › § 2357

Last updated Apr 6, 2026|Official source

Summary

The Secretary must do a nationwide study to see how to use managed aquifer recharge at authorized water projects to help with drought, water resilience, and depleted aquifers. The Secretary must work with non‑Federal partners, including Tribal communities, and check local groundwater conditions. The study must look for ways to support non‑Federal groups, and the Secretary should coordinate with other federal agencies, states, regional and local governments, experts, and Tribes. At the request of a non‑Federal partner, the Secretary may do feasibility studies in places with long drought, low aquifers, or water shortages. The Secretary may do not more than 10 such studies. The federal share of each feasibility study is 90 percent. The Secretary should use the national study’s information when picking studies. Within 180 days after December 23, 2022, the Secretary must form a working group of Corps experts and outside stakeholders with experience in water supply, groundwater protection and recharge, recharge wells, dams that help recharge, groundwater science, combined surface/groundwater systems, and agricultural water use. The group will advise on the study and feasibility work, help raise awareness, and help prepare a report. Not later than 2 years after December 23, 2022, the Secretary must send a report to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works with the study and study results, data, recommendations for non‑Federal interests/States/local governments/Tribes, a status update on the Corps’ April 2020 report ("Managed Aquifer Recharge and the U.S. Army Corps of Engineers: Water Security through Resilience", 2020–WP–01), and an evaluation of creating or changing a planning center of expertise with possible locations. Nothing here changes the non‑Federal share of construction costs under section 2213 or other law. Definitions: managed aquifer recharge — intentionally storing and treating water in underground aquifers for later use. managed aquifer recharge project — a water project that adds features to do that.

Full Legal Text

Title 33, §2357

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)(1)The Secretary shall, in consultation with applicable non-Federal interests, conduct a national assessment of carrying out managed aquifer recharge projects to address drought, water resiliency, and aquifer depletion at authorized water resources development projects.
(2)In carrying out paragraph (1), the Secretary shall—
(A)assess and identify opportunities to support non-Federal interests, including Tribal communities, in carrying out managed aquifer recharge projects; and
(B)assess preliminarily local hydrogeologic conditions relevant to carrying out managed aquifer recharge projects.
(3)In carrying out paragraph (1), the Secretary shall coordinate, as appropriate, with the heads of other Federal agencies, States, regional governmental agencies, units of local government, experts in managed aquifer recharge, and Tribes.
(b)(1)The Secretary is authorized to carry out feasibility studies, at the request of a non-Federal interest, of managed aquifer recharge projects in areas that are experiencing, or have recently experienced, prolonged drought conditions, aquifer depletion, or water supply scarcity.
(2)The Secretary may carry out not more than 10 feasibility studies under this subsection.
(3)The Secretary shall, to the maximum extent practicable, use information gathered from the assessment conducted under subsection (a) in identifying and selecting feasibility studies to carry out under this subsection.
(4)The Federal share of the cost of a feasibility study carried out under this subsection shall be 90 percent.
(c)(1)Not later than 180 days after December 23, 2022, the Secretary shall establish a managed aquifer recharge working group made up of subject matter experts within the Corps of Engineers and relevant non-Federal stakeholders.
(2)In establishing the working group under paragraph (1), the Secretary shall ensure that members of the working group have expertise working with—
(A)projects providing water supply storage to meet regional water supply demand, particularly in regions experiencing drought;
(B)the protection of groundwater supply, including promoting infiltration and increased recharge in groundwater basins, and groundwater quality;
(C)aquifer storage, recharge, and recovery wells;
(D)dams that provide recharge enhancement benefits;
(E)groundwater hydrology;
(F)conjunctive use water systems; and
(G)agricultural water resources, including the use of aquifers for irrigation purposes.
(3)The working group established under this subsection shall—
(A)advise the Secretary regarding the development and execution of the assessment under subsection (a) and any feasibility studies under subsection (b);
(B)assist Corps of Engineers offices at the headquarter, division, and district levels with raising awareness of non-Federal interests of the potential benefits of carrying out managed aquifer recharge projects; and
(C)assist with the development of the report required to be submitted under subsection (d).
(d)Not later than 2 years after December 23, 2022, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on managed aquifer recharge that includes—
(1)the results of the assessment conducted under subsection (a) and any feasibility studies carried out under subsection (b), including data collected under such assessment and studies and any recommendations on managed aquifer recharge opportunities for non-Federal interests, States, local governments, and Tribes;
(2)a status update on the implementation of the recommendations included in the report of the U.S. Army Corps of Engineers Institute for Water Resources entitled “Managed Aquifer Recharge and the U.S. Army Corps of Engineers: Water Security through Resilience”, published in April 2020 (2020–WP–01); and
(3)an evaluation of the benefits of creating a new or modifying an existing planning center of expertise for managed aquifer recharge, and identify potential locations for such a center of expertise, if feasible.
(e)Nothing in this section affects the non-Federal share of the cost of construction of a managed aquifer recharge project under section 2213 of this title or any other provision of law.
(f)In this section:
(1)The term “managed aquifer recharge” means the intentional banking and treatment of water in aquifers for storage and future use.
(2)The term “managed aquifer recharge project” means a project to incorporate managed aquifer recharge features into a water resources development project.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 8002 of Pub. L. 117–263, set out as a note under section 2201 of this title.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2357

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73