Aquifer Recharge Conveyance Clarification

Summary#

This bill changes part of the Aquifer Recharge Flexibility Act to clarify how existing rights-of-way, easements, permits, or other authorizations can be used to move and use water for aquifer recharge. It says holders may, on their own behalf or for a State, local government, Indian Tribe, or public entity, use existing conveyances for aquifer recharge without new Secretary authorization and without the use being treated as an expansion, modification, major Federal action, or substantial deviation. The bill requires the holder to give the Bureau of Land Management (BLM) at least 30 days' notice before using an existing conveyance. The notice must name the public entity using the conveyance, identify the specific right-of-way or permit, describe the planned use and scope, and include the agreement between the holder and the public entity. The bill exempts such uses from payment of additional rent to BLM except for for-profit uses or for-profit entities. It also amends another subsection to say that the section does not create certain obligations, adds a provision that waives the holder's obligation to comply with the Federal Water Pollution Control Act, the Endangered Species Act, and the Wild and Scenic Rivers Act for these uses, and clarifies that the section does not provide authority to construct, modify, or expand existing infrastructure covered in the conveyance provision. The bill makes small technical wording changes replacing the word "Act" with "section."

What it means for you#

• Holders of rights-of-way, easements, permits, or similar authorizations on public land may be able to allow aquifer recharge uses through existing conveyances without new authorization from the Secretary, if they follow the bill's notice requirement.
• States, local governments, Indian Tribes, and public entities that plan to use existing conveyances for aquifer recharge must be identified in a notice to BLM and have an agreement with the holder.
• For-profit users and for-profit entities are not exempt from paying additional rent to BLM under the bill.
• The bill states that certain federal environmental laws listed in the bill do not apply to holders for these uses, per the amendment.

Expenses#

• The bill says that using an existing conveyance for aquifer recharge will be exempt from additional BLM rent except for for-profit uses or entities.
• No publicly available information on estimated federal, state, or local costs, or other financial effects, is included in the provided text.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.