[Congressional Record Volume 171, Number 80 (Tuesday, May 13, 2025)]
[House]
[Pages H1969-H1970]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONVEYANCE FOR AQUIFER RECHARGE PURPOSES
Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 331) to amend the Aquifer Recharge Flexibility Act to
clarify a provision relating to conveyances for aquifer recharge
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 331
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 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, 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.''.
(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 all applicable--
``(i) Federal laws; and
``(ii) policies of the Bureau; or
``(C) provides authority to construct, modify, or expand
any existing infrastructure covered under subsection
(c)(3).''.
(c) Technical Amendments.--The Aquifer Recharge Flexibility
Act (43 U.S.C. 390g-9) is amended in each of subsections (a)
and (c)(5) by striking ``Act'' each place it appears and
inserting ``section''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arkansas (Mr. Westerman) and the gentlewoman from Oregon (Ms. Hoyle)
each will control 20 minutes.
The Chair recognizes the gentleman from Arkansas.
General Leave
Mr. WESTERMAN. Mr. Speaker, I ask unanimous consent that all Members
be given 5 legislative days to revise and extend their remarks and to
include extraneous material on H.R. 331, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arkansas?
There was no objection.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 331, sponsored by Congressman
Fulcher. In 2020, Congress passed the Aquifer Recharge Flexibility Act.
The intent of that law was simple. It allowed existing irrigation
canals to be used for conveying aquifer recharge water without
requiring additional authorization from the Federal Government.
[[Page H1970]]
Unfortunately, the implementation of this law has been bogged down by
bureaucratic red tape. Despite the plain wording of the law, the Bureau
of Land Management has asserted that the law does not apply to third
parties, only to the right-of-way holders of record.
As such, H.R. 331 amends the Aquifer Recharge Flexibility Act to
further clarify that an existing right-of-way, easement, permit, or
other authorization can be used to recharge aquifers on behalf of
State, Tribal, and local governments, without getting additional
authorization or paying additional rents.
The aquifer recharge and storage are already complicated matters that
depend on a variety of natural characteristics, including soil type and
underlying geology, which influence water retention and the ability to
recover stored water. There is no need for the Federal Government to
add further complexity to this important work.
Mr. Speaker, I support the bill, and I reserve the balance of my
time.
Ms. HOYLE of Oregon. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 331 would amend the Aquifer Recharge Flexibility
Act to allow third parties to utilize an existing right-of-way,
easement, permit, or other authorization for aquifer recharge without
further authorization from the Secretary of the Interior.
Underground aquifers play a key role in sustaining water supplies for
groundwater-dependent irrigation, municipal water use, and ecosystems.
This is especially important in areas experiencing drought and
constrained surface supplies.
This bill will support aquifer recharge projects, in turn,
strengthening water security.
Mr. Speaker, I urge my colleagues to support this bill, and I yield
back the balance of my time.
Mr. WESTERMAN. Mr. Speaker, out West, the development of an aquifer
recharge program generally includes using existing irrigation canals
and ditches to seep and percolate water into the aquifer. Much of this
infrastructure crosses land owned by the Bureau of Land Management,
requiring additional authorization for aquifer recharge activities,
even when conducted on behalf of public entities. Cutting red tape for
such activities is simply common sense.
Mr. Speaker, I urge my colleagues to support this legislation, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arkansas (Mr. Westerman) that the House suspend the
rules and pass the bill, H.R. 331, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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