To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.
This bill amends the Aquifer Recharge Flexibility Act to clarify how conveyances (rights-of-way, easements, permits, or similar authorizations) can be used for aquifer recharge purposes. It expands who may use existing conveyances for aquifer recharge (allowing the holder or a State, political subdivision, Indian Tribe, or public entity to proceed on behalf of these entities) and states that such use is not automatically an expansion, modification, or substantial deviation of the underlying authorization. It also adds a new notification requirement to the Bureau of Land Management (BLM): at least 30 days before using an existing conveyance for aquifer recharge, the holder must submit a detailed notice including the intended user, the specific right-of-way or permit to be used, the scope of intended use, and a copy of any intergovernmental agreement. In addition, the bill clarifies that certain provisions may waive compliance with applicable federal laws or Bureau policies, or provide authority to construct, modify, or expand related infrastructure. Technical editorial fixes are also included.
Key Points
- 1Expands who may convey water rights for aquifer recharge using existing rights-of-way, easements, permits, or other authorizations, including actions taken by a State, political subdivision, Indian Tribe, or public entity, on behalf of the holder; designates these operations as not automatically expansions or substantial deviations, subject to new subparagraphs.
- 2Introduces a 30-day notice requirement to the Bureau of Land Management before using an existing conveyance for aquifer recharge, with specific details to be included (identity of the intended user, the specific right-of-way or permit, the proposed use and scope, and a copy of any agreement between the parties).
- 3Adds potential regulatory flexibility by clarifying that the conveyance use may waive certain federal legal obligations or Bureau policies, or may authorize construction, modification, or expansion of existing infrastructure connected to aquifer recharge.
- 4Makes technical, clerical amendments to ensure terminology refers to “section” rather than “Act” in certain parts of the Aquifer Recharge Flexibility Act.
- 5Applies to the existing framework under 43 U.S.C. 390g-9 and is intended to streamline conveyance-based aquifer recharge activities while preserving oversight mechanisms through notice and agreements.