HR 331 — To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 AQUIFER RECHARGE FLEXIBILITY ACT

SEC. 1105. AQUIFER RECHARGE FLEXIBILITY.

 (a) Short Title.--This section may be cited as the ``Aquifer 
Recharge Flexibility [Act] section''.
 (b) Definitions.--In this Act:
 (1) Bureau.--The term ``Bureau'' means the Bureau of 
 Reclamation.
 (2) Commissioner.--The term ``Commissioner'' means 
 the Commissioner of Reclamation.
 (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 an aquifer with land located in 
 the service area of the Reclamation project.
 (4) Net water storage benefit.--The term ``net water 
 storage benefit'' means an increase in the volume of 
 water that is--
 (A) stored in 1 or more aquifers; and
 (B)(i) available for use within the 
 authorized service area of a Reclamation 
 project; or
 (ii) stored on a long-term basis to 
 avoid or reduce groundwater overdraft.
 (5) Reclamation facility.--The term ``Reclamation 
 facility'' means each of the infrastructure assets that 
 are owned by the Bureau at a Reclamation project.
 (6) Reclamation project.--The term ``Reclamation 
 project'' means any reclamation or irrigation project, 
 including incidental features thereof, authorized by 
 Federal reclamation law or the Act of August 11, 1939 
 (commonly known as the ``Water Conservation and 
 Utilization Act'') (53 Stat. 1418, chapter 717; 16 
 U.S.C. 590y et seq.), 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 for the reclamation of land.
 (c) Flexibility to Allow Greater Aquifer Recharge in Western 
States.--
 (1) Use of reclamation facilities.--
 (A) In general.--The Commissioner may allow 
 the use of excess capacity in Reclamation 
 facilities for aquifer recharge of non-
 Reclamation project water, subject to 
 applicable rates, charges, and public 
 participation requirements, on the condition 
 that--
 (i) the use--
 (I) shall not be implemented 
 in a manner that is detrimental 
 to--
 (aa) any power 
 service or water 
 contract for the 
 Reclamation project; or
 (bb) any obligations 
 for fish, wildlife, or 
 water quality 
 protection applicable 
 to the Reclamation 
 project;
 (II) shall be consistent with 
 water quality guidelines for 
 the Reclamation project;
 (III) shall comply with all 
 applicable--
 (aa) Federal laws; 
 and
 (bb) policies of the 
 Bureau; and
 (IV) shall comply with all 
 applicable State laws and 
 policies; and
 (ii) the non-Federal party to an 
 existing contract for water or water 
 capacity in a Reclamation facility 
 consents to the use of the Reclamation 
 facility under this subsection.
 (B) Effect on existing contracts.--Nothing in 
 this subsection affects a contract--
 (i) in effect on the date of 
 enactment of this Act; and
 (ii) under which the use of excess 
 capacity in a Bureau conveyance 
 facility for carriage of non-
 Reclamation project water for aquifer 
 recharge is allowed.
 (2) Aquifer recharge on eligible land.--
 (A) In general.--Subject to subparagraphs (C) 
 and (D), the Secretary may contract with a 
 holder of a water service or repayment contract 
 for a Reclamation project to allow the 
 contractor, in accordance with applicable State 
 laws and policies--
 (i) to directly use water available 
 under the contract for aquifer recharge 
 on eligible land; or
 (ii) to enter into an agreement with 
 an individual or entity to transfer 
 water available under the contract for 
 aquifer recharge on eligible land.
 (B) Authorized project use.--The use of a 
 Reclamation facility for aquifer recharge under 
 subparagraph (A) shall be considered an 
 authorized use for the Reclamation project if 
 requested by a holder of a water service or 
 repayment contract for the Reclamation 
 facility.
 (C) Modifications to contracts.--The 
 Secretary may contract with a holder of a water 
 service or repayment contract for a Reclamation 
 project under subparagraph (A) if the Secretary 
 determines that a new contract or contract 
 amendment described in that subparagraph is--
 (i) necessary to allow for the use of 
 water available under the contract for 
 aquifer recharge under this subsection;
 (ii) in the best interest of the 
 Reclamation project and the United 
 States; and
 (iii) approved by the contractor that 
 is responsible for repaying the cost of 
 construction, operations, and 
 maintenance of the facility that 
 delivers the water under the contract.
 (D) Requirements.--The use of Reclamation 
 facilities for the use or transfer of water for 
 aquifer recharge under this subsection shall be 
 subject to the requirements that--
 (i) the use or transfer shall not be 
 implemented in a manner that materially 
 impacts any power service or water 
 contract for the Reclamation project; 
 and
 (ii) before the use or transfer, the 
 Secretary shall determine that the use 
 or transfer--
 (I) results in a net water 
 storage benefit for the 
 Reclamation project; or
 (II) contributes to the 
 recharge of an aquifer on 
 eligible land; and
 (iii) the use or transfer complies 
 with all applicable--
 (I) Federal laws and 
 policies; and
 (II) interstate water 
 compacts.
 (3) Conveyance for aquifer recharge purposes.--[The 
 holder]
 (A) In general._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 
 [may transport water for aquifer recharge 
 purposes without requiring additional 
 authorization from the Secretary where the use 
 does not expand or modify the operation] 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 of the 
 right-of-way, easement, permit, or other 
 authorization across public land.
 (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.
 (4) Effect.--Nothing in this [Act creates] section--
 (A) creates, impairs, alters, or supersedes a 
 Federal or State water right[.];
 (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).
 (5) Exemption.--This [Act] section shall not apply to 
 the State of California.
 (6) Advisory group.--The Secretary may participate in 
 any State-led collaborative, multi-stakeholder advisory 
 group created in any watershed the purpose of which is 
 to monitor, review, and assess aquifer recharge 
 activities.