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S1254119th Congress

A bill to amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.

Sponsored By: Senator Risch, James E. [R-ID]

In Committee

Summary

Easier aquifer recharge on existing federal conveyances. This bill would expand when States, Tribes, local governments, public entities, or holders can use existing rights‑of‑way, easements, permits, or other authorizations to move and store water for aquifer recharge without new federal approval.

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  • States, Tribes, local governments, public entities, or holders could use an existing authorization for aquifer recharge without additional federal authorization, but must provide at least 30 days notice that includes the intended scope and a copy of the agreement with the authorization holder.
  • Uses under this rule are generally exempt from paying additional rent to the Bureau of Land Management, except when the use or the entity is for‑profit; those for‑profit carve‑outs still require payment.
  • The bill narrows when certain environmental laws apply for these conveyances by waiving obligations under the Federal Water Pollution Control Act, the Endangered Species Act, and the Wild and Scenic Rivers Act in the specified context, and it explicitly authorizes building or modifying covered infrastructure.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Easier use of permits for aquifer recharge

If enacted, this would let the holder of an existing right‑of‑way, easement, permit, or similar authorization—or a State, tribe, or public entity acting on its behalf—use that authorization to transport and put water into an aquifer without getting new federal approval. The bill would say such use is not an expansion, modification, major Federal action, or substantial deviation. The holder would have to notify the Bureau of Land Management at least 30 days before use, naming the intending State/tribe/entity, identifying the authorization or qualifying ditch or canal (including ditches on public land before or on October 21, 1976), describing the planned recharge, and providing the agreement with the holder. The bill would exempt these recharge uses from additional BLM rent for non‑profit and public uses but would not exempt any for‑profit use or for‑profit entity; it would also waive certain environmental statute obligations and allow construction, modification, or expansion of covered infrastructure for the described conveyances.

Sponsors & CoSponsors

Sponsor

Risch, James E. [R-ID]

ID • R

Cosponsors

  • Sen. Crapo, Mike [R-ID]

    ID • R

    Sponsored 4/2/2025

Roll Call Votes

No roll call votes available for this bill.

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