To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.
Sponsored By: Representative Fulcher
Passed House
Summary
Expands flexibility to use existing rights-of-way for aquifer recharge without extra federal authorization. The bill would let a holder of a right-of-way or an entity acting on its behalf — including a State, a political subdivision, an Indian Tribe, or a public entity — rely on an existing right-of-way, easement, permit, or similar authorization to transport and use water for aquifer recharge so long as the use does not expand, modify, or substantially deviate from the original authorization.
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- States, political subdivisions, Indian Tribes, and public entities: They could use existing authorizations for aquifer recharge but must submit a notice to the Bureau of Land Management at least 30 days before use that identifies the parties, the authorization, the intended use and scope, and a copy of the agreement.
- Holders of rights-of-way and their partners: The bill creates a pathway for waivers of obligations to comply with applicable Federal laws and Bureau policies and authorizes construction, modification, or expansion of existing covered infrastructure.
- Legal and agency clarity: The text broadens interpretive effect and clarifies cross-references by replacing instances of "Act" with "section," which reshapes how the statute and the Bureau of Land Management may apply these provisions.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 0 costs, 1 mixed.
Easier aquifer recharge on public lands
If enacted, holders of existing rights-of-way on federal land could use them for aquifer recharge without new approval. The bill would treat this use as not an expansion, modification, or major change. At least 30 days before, the holder would have to notify the Bureau of Land Management. The notice must name the State, local government, Tribe, or public entity; identify the authorization (including ditches and canals built on or before October 21, 1976); describe the scope; and attach the agreement. It would also let covered holders build, modify, or expand existing infrastructure and would waive certain federal law and Bureau of Land Management policy requirements. This could speed local recharge projects.
Sponsors & CoSponsors
Sponsor
Fulcher
ID • R
Cosponsors
Simpson
ID • R
Sponsored 1/13/2025
Roll Call Votes
No roll call votes available for this bill.
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