II 

Calendar No. 638 

118TH CONGRESS 

2D SESSION S. 4999 

To amend the Aquifer Recharge Flexibility Act to clarify a provision relating 

to conveyances for aquifer recharge purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 10, 2024 

Mr. RISCH introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

NOVEMBER 21, 2024 

Reported by Mr. MANCHIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Aquifer Recharge Flexibility Act to clarify 

a provision relating to conveyances for aquifer recharge 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CONVEYANCE FOR AQUIFER RECHARGE PUR4 POSES. 

5 Subsection (c)(3) of the Aquifer Recharge Flexibility 

6 Act (43 U.S.C. 390g–9) is amended by striking ‘‘may 


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1 transport water for aquifer recharge purposes without re2 quiring additional authorization from the Secretary where 

3 the use does not expand or modify the operation’’ and in4 serting ‘‘may, acting for the holder or on behalf of a third 

5 party, use the right-of-way, easement, permit, or other au6 thorization for the purpose of aquifer recharge without re7 quiring additional authorization from the Secretary, which 

8 use shall not be considered an expansion or modification’’. 

9 SECTION 1. CONVEYANCE FOR AQUIFER RECHARGE PUR10 POSES. 

11 (a) IN GENERAL.—Subsection (c)(3) of the Aquifer Re12 charge Flexibility Act (43 U.S.C. 390g–9) is amended— 

13 (1) by striking ‘‘The holder’’ and inserting the 

14 following: 

15 ‘‘(A) IN GENERAL.—The holder’’; 

16 (2) in subparagraph (A) (as so designated), by 

17 striking ‘‘may transport water for aquifer recharge 

18 purposes without requiring additional authorization 

19 from the Secretary where the use does not expand or 

20 modify the operation’’ and inserting ‘‘may, acting for 

21 the holder or on behalf of a State, political subdivi22 sion of a State, Indian Tribe, or public entity and 

23 subject to subparagraphs (B) and (C), use the existing 

24 right-of-way, easement, permit, or other authorization 

25 for the purpose of aquifer recharge and the transport 


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1 and use of water rights for aquifer recharge without 

2 requiring additional authorization from the Sec3 retary, which use shall not be considered an expan4 sion, modification, major Federal action, or substan5 tial deviation’’; and 

6 (3) by adding at the end the following: 

7 ‘‘(B) NOTICE REQUIRED.— 

8 ‘‘(i) IN GENERAL.—Not less than 30 

9 days before using an existing right-of-way, 

10 easement, permit, or other authorization for 

11 the purpose of aquifer recharge under sub12 paragraph (A), the holder of the right-of13 way, easement, permit, or other authoriza14 tion shall submit to the Bureau of Land 

15 Management notice of the intended use, in 

16 accordance with clause (ii). 

17 ‘‘(ii) REQUIREMENTS.—A notice sub18 mitted under clause (i) shall— 

19 ‘‘(I) identify the State, political 

20 subdivision of the State, Indian Tribe, 

21 or public entity intending to use the 

22 existing right-of-way, easement, per23 mit, or other authorization for the pur24 pose of aquifer recharge; 


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1 ‘‘(II) identify the existing right-of2 way, easement, permit, other author3 ization, or recognized authorized use 

4 for ditches and canals constructed on 

5 public land before or on October 21, 

6 1976, under the authority of sections 

7 2339 and 2340 of the Revised Statutes 

8 (43 U.S.C. 661) intended to be used; 

9 ‘‘(III) provide details on the in10 tended use and scope of use for the 

11 purpose of aquifer recharge of the exist12 ing right-of-way, easement, permit, or 

13 other authorization; and 

14 ‘‘(IV) provide a copy of the agree15 ment between the State, political sub16 division of the State, Indian Tribe, or 

17 public entity and the holder of the 

18 right-of-way, easement, permit, or 

19 other authorization to use the existing 

20 right-of-way, easement, permit, or 

21 other authorization for the purpose of 

22 aquifer recharge. 

23 ‘‘(C) EXEMPTION FROM PAYMENT OF ADDI24 TIONAL RENT.— 


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1 ‘‘(i) IN GENERAL.—Except as provided 

2 in clause (ii), any use of an existing right3 of-way, easement, permit, or other author4 ization for the purpose of aquifer recharge 

5 under subparagraph (A) shall be exempt 

6 from the payment of additional rent to the 

7 Bureau of Land Management. 

8 ‘‘(ii) FOR-PROFIT USES AND ENTI9 TIES.—Clause (i) shall not apply to— 

10 ‘‘(I) any for-profit uses of aquifer 

11 recharge; or 

12 ‘‘(II) any for-profit entities.’’. 

13 (b) EFFECT.—Subsection (c)(4) of the Aquifer Re14 charge Flexibility Act (43 U.S.C. 390g–9) is amended— 

15 (1) by striking ‘‘Act creates’’ and inserting ‘‘sec16 tion— 

17 ‘‘(A) creates’’; 

18 (2) in subparagraph (A) (as so designated), by 

19 striking the period at the end and inserting a semi20 colon; and 

21 (3) by adding at the end of the following: 

22 ‘‘(B) waives the obligation of the holder of 

23 a right-of-way, easement, permit, or other au24 thorization described in paragraph (3)(A) to 

25 comply with— 


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1 ‘‘(i) the Federal Water Pollution Con2 trol Act (33 U.S.C. 1251 et seq.); 

3 ‘‘(ii) the Endangered Species Act of 

4 1973 (16 U.S.C. 1531 et seq.); or 

5 ‘‘(iii) the Wild and Scenic Rivers Act 

6 (16 U.S.C. 1271 et seq.); or 

7 ‘‘(C) provides authority to construct, mod8 ify, or expand any existing infrastructure cov9 ered under subsection (c)(3).’’. 

10 (c) TECHNICAL AMENDMENTS.—The Aquifer Recharge 

11 Flexibility Act (43 U.S.C. 390g–9) is amended in each of 

12 subsections (a) and (c)(5) by striking ‘‘Act’’ each place it 

13 appears and inserting ‘‘section’’. 


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Calendar No. 638 

118TH CONGRESS 

2D SESSION S. 4999 

A BILL 

To amend the Aquifer Recharge Flexibility Act to 

uifer recharge purposes. clarify a provision relating to conveyances for aqNOVEMBER 21, 2024 

Reported with an amendment 


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