§390g–9 Aquifer recharge flexibility

Summary

Lets the Bureau of Reclamation allow extra space in its water facilities to put non‑Reclamation water into aquifers for storage, as long as rules and approvals are met. Defined terms: Bureau = Bureau of Reclamation. Commissioner = Commissioner of Reclamation. Eligible land = land allowed to get water under State law that shares an aquifer with land in a Reclamation project. Net water storage benefit = an increase in aquifer water that is usable in the project area or stored long‑term to reduce overdraft. Reclamation facility = water infrastructure owned by the Bureau at a project. Reclamation project = a federal reclamation or irrigation project or related works. Conditions: users must follow rates, charges, public input, water quality standards, federal and Bureau rules, and State laws. Uses must not harm power or water contracts or obligations for fish, wildlife, or water quality. A non‑Federal party to an existing contract must consent. Contracts already allowing carriage of non‑project water on December 27, 2020 are not changed. The Secretary may make or change contracts so contractors can use or move their contract water for recharge on eligible land if needed, in the United States’ and project’s best interest, and approved by the contractor that repays facility costs. Uses must not materially affect power or water contracts, must show a net water storage benefit or aid recharge of eligible land, and must follow federal law and interstate compacts. Holders of Bureau of Land Management rights‑of‑way may carry recharge water without new approval if they do not change operations. Nothing here creates or alters water rights. The rule does not apply to the State of California. The Secretary may join state‑led groups that monitor recharge activities.