119 S1254 IS: To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.
U.S. Senate
2025-04-02
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II
119th CONGRESS
1st Session
S. 1254
IN THE SENATE OF THE UNITED STATES
April 2, 2025
Mr. Risch (for himself and Mr. Crapo) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.
1.

Conveyance for aquifer recharge purposes
(a)

In general
Subsection (c)(3) of the Aquifer Recharge Flexibility Act (43 U.S.C. 390g–9) is amended—
(1)
by striking “The holder” and inserting the following:
“(A)

In general
The holder”;
(2)
in subparagraph (A) (as so designated), by striking “may transport water for aquifer recharge purposes without requiring additional authorization from the Secretary where the use does not expand or modify the operation” and inserting “may, acting for the holder or on behalf of a State, political subdivision of a State, Indian Tribe, or public entity and subject to subparagraphs (B) and (C), use the existing right-of-way, easement, permit, or other authorization for the purpose of aquifer recharge and the transport and use of water rights for aquifer recharge without requiring additional authorization from the Secretary, which use shall not be considered an expansion, modification, major Federal action, or substantial deviation”; and
(3)
by adding at the end the following:
“(B)

Notice required
(i)

In general
Not less than 30 days before using an existing right-of-way, easement, permit, or other authorization for the purpose of aquifer recharge under subparagraph (A), the holder of the right-of-way, easement, permit, or other authorization shall submit to the Bureau of Land Management notice of the intended use, in accordance with clause (ii).
(ii)

Requirements
A notice submitted under clause (i) shall—
(I)
identify the State, political subdivision of the State, Indian Tribe, or public entity intending to use the existing right-of-way, easement, permit, or other authorization for the purpose of aquifer recharge;
(II)
identify the existing right-of-way, easement, permit, other authorization, or recognized authorized use for ditches and canals constructed on public land before or on October 21, 1976, under the authority of sections 2339 and 2340 of the Revised Statutes (43 U.S.C. 661) intended to be used;
(III)
provide details on the intended use and scope of use for the purpose of aquifer recharge of the existing right-of-way, easement, permit, or other authorization; and
(IV)
provide a copy of the agreement between the State, political subdivision of the State, Indian Tribe, or public entity and the holder of the right-of-way, easement, permit, or other authorization to use the existing right-of-way, easement, permit, or other authorization for the purpose of aquifer recharge.
(C)

Exemption from payment of additional rent
(i)

In general
Except as provided in clause (ii), any use of an existing right-of-way, easement, permit, or other authorization for the purpose of aquifer recharge under subparagraph (A) shall be exempt from the payment of additional rent to the Bureau of Land Management.
(ii)

For-profit uses and entities
Clause (i) shall not apply to—
(I)
any for-profit uses of aquifer recharge; or
(II)
any for-profit entities.”.
(b)

Effect
Subsection (c)(4) of the Aquifer Recharge Flexibility Act (43 U.S.C. 390g–9) is amended—
(1)
by striking “Act creates” and inserting
“section—
(A)
creates”;
(2)
in subparagraph (A) (as so designated), by striking the period at the end and inserting a semicolon; and
(3)
by adding at the end of the following:
“(B)
waives the obligation of the holder of a right-of-way, easement, permit, or other authorization described in paragraph (3)(A) to comply with—
(i)
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
(ii)
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
(iii)
the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); or
(C)
provides authority to construct, modify, or expand any existing infrastructure covered under paragraph (3).”.
(c)

Technical amendments
The Aquifer Recharge Flexibility Act (43 U.S.C. 390g–9) is amended—
(1)
in subsection (b), in the matter preceding paragraph (1), by striking “Act” and inserting “section”; and
(2)
in subsection (c)(5), by striking “Act” and inserting “section”.