[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2871 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 2871

To provide flexibility to allow greater aquifer recharge, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 2019

 Mr. Fulcher introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide flexibility to allow greater aquifer recharge, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aquifer Recharge Flexibility Act''.

SEC. 2. FLEXIBILITY TO ALLOW GREATER AQUIFER RECHARGE IN WESTERN 
              STATES.

    (a) Definitions.--In this Act:
            (1) Bureau.--The term ``Bureau'' means the Bureau of 
        Reclamation.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of the Bureau.
            (3) Eligible land.--The term ``eligible land'', with 
        respect to a Reclamation project, means land that--
                    (A) is authorized to receive water under State law; 
                and
                    (B) shares a groundwater source with land located 
                in the service area of the Reclamation project.
            (4) In-lieu recharge.--The term ``in-lieu recharge'' means 
        the use of surface water instead of pumped groundwater if that 
        use of surface water will cause the direct reduction or 
        elimination of groundwater withdrawals.
            (5) Net water storage benefit.--The term ``net water 
        storage benefit'' means an increase in the volume of water that 
        is--
                    (A) stored in one or more aquifers; and
                    (B)(i) available for use within the area served by 
                a Reclamation project; or
                    (ii) stored on a long-term basis to avoid or reduce 
                groundwater overdraft.
            (6) Reclamation facility.--The term ``Reclamation 
        facility'' means each of the infrastructure assets that are 
        owned by the Bureau at a Reclamation project.
            (7) Reclamation project.--The term ``Reclamation project'' 
        means any reclamation or irrigation project, including 
        incidental features thereof, authorized by Federal reclamation 
        law, or constructed by the United States pursuant to such law, 
        or in connection with which there is a repayment or water 
        service contract executed by the United States pursuant to such 
        law, or any project constructed by the Secretary through the 
        Bureau of Reclamation for the reclamation of land.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Use of Bureau Facilities.--
            (1) In general.--The Commissioner may allow the use of 
        excess capacity in Bureau conveyance facilities for carriage of 
        non-Reclamation project water for aquifer recharge, subject to 
        applicable rates, charges, and public participation 
        requirements, on the condition that--
                    (A) the use--
                            (i) shall not be implemented in a manner 
                        that is detrimental to--
                                    (I) any water or power service 
                                contract for the Reclamation project; 
                                or
                                    (II) any existing obligations for 
                                fish, wildlife, or water quality 
                                protection;
                            (ii) shall be consistent with existing 
                        water quality guidelines for the Reclamation 
                        project; and
                            (iii) shall comply with all applicable 
                        Federal and State law and policies of the 
                        Bureau of Reclamation; and
                    (B) the non-Federal party to an existing contract 
                for water or water capacity in a Reclamation facility 
                shall consent to the use of the Reclamation facility 
                under this subsection.
            (2) Effect on existing contracts.--Nothing in this 
        subsection affects a contract--
                    (A) in effect on the date of enactment of this Act; 
                and
                    (B) under which the use of excess capacity in a 
                Bureau conveyance facility for carriage of non-
                Reclamation project water for aquifer recharge is 
                allowed.
    (c) Aquifer Recharge on Eligible Land.--
            (1) In general.--Subject to paragraphs (3) and (4), a 
        holder of a water service or repayment contract for a 
        Reclamation project may--
                    (A) directly use water available under the contract 
                for aquifer recharge on eligible land; or
                    (B) enter into an agreement with an individual or 
                entity to transfer water available under the contract 
                for aquifer recharge on eligible land.
            (2) Authorized project use.--Notwithstanding any other 
        provision of law, the use of water for aquifer recharge under 
        paragraph (1) shall be considered an authorized use for the 
        Reclamation project under the reclamation laws.
            (3) Modifications to contracts.--The Secretary may modify 
        an existing water contract described in paragraph (1) if the 
        Secretary determines that the modification is--
                    (A) necessary to allow for the use of water 
                available under the contract for aquifer recharge under 
                this subsection;
                    (B) in the best interest of the Reclamation project 
                and the United States; and
                    (C) approved by the association of water users that 
                is responsible for repaying the cost of construction, 
                operations, and maintenance of the facility that 
                delivers the water under the contract.
            (4) Requirements.--The use or transfer of water for aquifer 
        recharge under this subsection shall be subject to the 
        requirements that--
                    (A) the use or transfer shall not be implemented in 
                a manner that is detrimental to any water or power 
                service for the Reclamation project; and
                    (B) before the use or transfer, the Secretary shall 
                determine that the use or transfer--
                            (i)(I) results in a net water storage 
                        benefit for the Reclamation project; or
                            (II) contributes to the recharge of a 
                        depleted aquifer on eligible land; and
                            (ii) complies with all applicable Federal 
                        and State laws and policies.
    (d) In-Lieu Recharge.--To the extent consistent with State laws and 
policies, in-lieu recharge may be carried out under this Act.
    (e) Sense of Congress.--It is the sense of Congress that--
            (1) the Secretary should encourage the use of public land 
        administered by the Bureau of Land Management for aquifer 
        recharge, where appropriate, consistent with--
                    (A) the existing grant of right-of-way;
                    (B) as applicable, the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1701 et seq.); and
                    (C) applicable land and resource management plans; 
                and
            (2) the Secretary should consider whether aquifer recharge 
        may be appropriate in certain areas of critical environmental 
        concern, if aquifer recharge--
                    (A) would enhance the values for which the area of 
                critical environmental concern has been designated; and
                    (B) is consistent with the management requirements 
                for the area of critical environmental concern.
    (f) Conveyance for Aquifer Recharge Purposes.--The holder of a 
right-of-way, easement, permit, or other authorization to transport 
water across public land administered by the Bureau of Land Management 
is authorized to transport water for aquifer recharge purposes, 
including outside of the regular period of use, without requiring 
additional authorization from the Secretary where the use does not 
expand or interfere with the operation of the right-of-way, easement, 
permit, or other authorization across public land.
    (g) Exemption.--This Act shall not apply to the State of 
California.
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