Conveyance for Aquifer Recharge Purposes
Floor Speech
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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''.
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Mr. WESTERMAN. 331, the bill now under consideration.
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.
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.
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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.
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