To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.
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Would amend the Aquifer Recharge Flexibility Act to allow holders of existing water conveyance rights on Bureau of Land Management land to use those authorizations on behalf of states, Indian Tribes, and public entities for aquifer recharge — without additional federal approval — provided they give BLM at least 30 days' advance notice.
What this bill would do
What it would do
The bill would amend the Aquifer Recharge Flexibility Act to broaden who can benefit from existing rights-of-way, easements, permits, and other authorizations to transport water across Bureau of Land Management land. Under current law, holders of such authorizations may use them for aquifer recharge without additional Interior Department approval as long as the use does not expand or modify the authorization. This bill would extend that flexibility so holders may also act on behalf of states, political subdivisions, Indian Tribes, or public entities — and would clarify that such use is not an expansion, modification, or substantial deviation of the authorization.
The bill would also require holders to submit written notice to BLM at least 30 days before using an authorization for aquifer recharge on behalf of another entity. The notice must identify the benefiting entity, specify the authorization being used, describe the intended scope of use, and include a copy of the agreement between the holder and the benefiting party. Separately, the bill would clarify that nothing in the section waives compliance with federal laws or BLM policies, nor authorizes construction, modification, or expansion of existing infrastructure.
Key provisions
- 1Would allow authorization holders to use existing BLM water conveyance rights-of-way or permits for aquifer recharge on behalf of states, Indian Tribes, political subdivisions, or public entities without additional Interior Department authorization.
- 2Would clarify that such aquifer recharge use shall not be considered an expansion, modification, or substantial deviation of the existing authorization.
- 3Would require holders to submit written notice to BLM at least 30 days before using an existing authorization for aquifer recharge on behalf of another entity, including identification of the entity and a copy of the agreement.
- 4Would clarify that the section does not waive compliance with applicable federal laws or BLM policies, and does not authorize construction, modification, or expansion of existing infrastructure.
- 5Would make technical amendments to the Aquifer Recharge Flexibility Act replacing 'Act' with 'section' in specified subsections.
Who would be affected
Holders of existing BLM water conveyance rights-of-way, easements, and permits — primarily irrigation districts, water utilities, ditch companies, and agricultural operators in Western states. State agencies, Indian Tribes, and local public entities seeking to use that existing infrastructure for groundwater replenishment projects would gain clearer access without triggering new federal authorization requirements.
Why it matters
States, tribes, and local water managers pursuing aquifer recharge projects often depend on private or district-held conveyance infrastructure that crosses federal land. If enacted, those entities could access existing authorizations through an agreement with the holder, skipping a potentially lengthy new federal authorization process — which could speed up groundwater replenishment efforts in drought-stressed Western basins.
What would change
Changes to existing law
Amends Aquifer Recharge Flexibility Act (43 U.S.C. 390g-9) (Sec. 1)
Expands authorization holders to act on behalf of states, tribes, and public entities for aquifer recharge without new federal approval; adds 30-day BLM notice requirement; clarifies no waiver of federal law compliance.
Agencies directed to act
Funding and costs
Congressional Budget Office estimate
CBO estimates H.R. 331 would have an insignificant effect on the federal deficit — less than $500,000 — over the 2025–2035 period.
H.R. 331 would allow holders of existing Bureau of Land Management (BLM) rights-of-way to use those rights-of-way for aquifer recharge on behalf of states, tribes, and other public entities without obtaining new authorizations. By removing the need for new permits, the bill could slightly reduce fees collected by BLM, which are recorded as offsetting receipts (reductions in direct spending); CBO expects the resulting increase in direct spending to be insignificant over 2025–2035, because most public entities are already exempt from such fees. Discretionary spending (funding subject to annual congressional appropriations) to implement the bill would be less than $500,000 over 2025–2030. CBO found no intergovernmental or private-sector mandates in the bill.
How implementation would work
Authorization holders would submit a written notice to BLM at least 30 days before using an existing right-of-way or permit for aquifer recharge on behalf of a state, tribe, or public entity. The notice must identify the benefiting entity, specify the relevant authorization, describe the intended use and scope, and attach a copy of the holder-entity agreement. No agency rulemaking appears required; the bill is largely self-executing. BLM retains authority to enforce all existing federal laws and bureau policies governing the underlying authorizations.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Official CRS summary
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This bill modifies the Aquifer Recharge Flexibility Act to expand provisions concerning authorizations (e.g., rights-of-way) to transport water across public land administered by the Bureau of Land Management (BLM) for aquifer recharge purposes.
Under the Aquifer Recharge Flexibility Act, the holder of existing rights-of-way, easements, permits, or other authorizations to transport water across BLM land may transport the water for aquifer recharge purposes without additional authorization from the Department of the Interior so long as the use does not expand or modify the operation of such authorizations across public land.
The bill allows the holders of such authorizations to act not only on behalf of themselves, but also on behalf of states, Indian Tribes, or public entities, to use the existing authorizations for aquifer recharge without additional authorization from the Department of the Interior. Further, the bill states that this use may not be considered an expansion, modification, major federal action, or substantial deviation.
Additionally, the bill exempts holders from paying additional rents to the BLM for any use of such authorizations; however, the exemption does not apply to for-profit uses of aquifer recharge or for-profit entities.
Finally, holders of rights-of-way or other authorizations must provide notice to the BLM of the intended use of authorization as specified by the bill.
Legislative subjects
Land use and conservation; Water Resources Development; Water use and supply
Committee report
H. Rept. 119-60