I 

116TH CONGRESS 

1ST SESSION H. R. 2871 

To provide flexibility to allow greater aquifer recharge, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 21, 2019 

Mr. FULCHER introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To provide flexibility to allow greater aquifer recharge, and 

for other 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Aquifer Recharge 

5 Flexibility Act’’. 

6 SEC. 2. FLEXIBILITY TO ALLOW GREATER AQUIFER RE7 CHARGE IN WESTERN STATES. 

8 (a) DEFINITIONS.—In this Act: 

9 (1) BUREAU.—The term ‘‘Bureau’’ means the 

10 Bureau of Reclamation. 


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1 (2) COMMISSIONER.—The term ‘‘Commis2 sioner’’ means the Commissioner of the Bureau. 

3 (3) ELIGIBLE LAND.—The term ‘‘eligible land’’, 

4 with respect to a Reclamation project, means land 

5 that— 

6 (A) is authorized to receive water under 

7 State law; and 

8 (B) shares a groundwater source with land 

9 located in the service area of the Reclamation 

10 project. 

11 (4) IN-LIEU RECHARGE.—The term ‘‘in-lieu re12 charge’’ means the use of surface water instead of 

13 pumped groundwater if that use of surface water 

14 will cause the direct reduction or elimination of 

15 groundwater withdrawals. 

16 (5) NET WATER STORAGE BENEFIT.—The term 

17 ‘‘net water storage benefit’’ means an increase in the 

18 volume of water that is— 

19 (A) stored in one or more aquifers; and 

20 (B)(i) available for use within the area 

21 served by a Reclamation project; or 

22 (ii) stored on a long-term basis to avoid or 

23 reduce groundwater overdraft. 

24 (6) RECLAMATION FACILITY.—The term ‘‘Rec25 lamation facility’’ means each of the infrastructure 


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1 assets that are owned by the Bureau at a Reclama2 tion project. 

3 (7) RECLAMATION PROJECT.—The term ‘‘Rec4 lamation project’’ means any reclamation or irriga5 tion project, including incidental features thereof, 

6 authorized by Federal reclamation law, or con7 structed by the United States pursuant to such law, 

8 or in connection with which there is a repayment or 

9 water service contract executed by the United States 

10 pursuant to such law, or any project constructed by 

11 the Secretary through the Bureau of Reclamation 

12 for the reclamation of land. 

13 (8) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of the Interior. 

15 (b) USE OF BUREAU FACILITIES.— 

16 (1) IN GENERAL.—The Commissioner may 

17 allow the use of excess capacity in Bureau convey18 ance facilities for carriage of non-Reclamation 

19 project water for aquifer recharge, subject to appli20 cable rates, charges, and public participation re21 quirements, on the condition that— 

22 (A) the use— 

23 (i) shall not be implemented in a man24 ner that is detrimental to— 


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1 (I) any water or power service 

2 contract for the Reclamation project; 

3 or 

4 (II) any existing obligations for 

5 fish, wildlife, or water quality protec6 tion; 

7 (ii) shall be consistent with existing 

8 water quality guidelines for the Reclama9 tion project; and 

10 (iii) shall comply with all applicable 

11 Federal and State law and policies of the 

12 Bureau of Reclamation; and 

13 (B) the non-Federal party to an existing 

14 contract for water or water capacity in a Rec15 lamation facility shall consent to the use of the 

16 Reclamation facility under this subsection. 

17 (2) EFFECT ON EXISTING CONTRACTS.—Noth18 ing in this subsection affects a contract— 

19 (A) in effect on the date of enactment of 

20 this Act; and 

21 (B) under which the use of excess capacity 

22 in a Bureau conveyance facility for carriage of 

23 non-Reclamation project water for aquifer re24 charge is allowed. 

25 (c) AQUIFER RECHARGE ON ELIGIBLE LAND.— 


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1 (1) IN GENERAL.—Subject to paragraphs (3) 

2 and (4), a holder of a water service or repayment 

3 contract for a Reclamation project may— 

4 (A) directly use water available under the 

5 contract for aquifer recharge on eligible land; or 

6 (B) enter into an agreement with an indi7 vidual or entity to transfer water available 

8 under the contract for aquifer recharge on eligi9 ble land. 

10 (2) AUTHORIZED PROJECT USE.—Notwith11 standing any other provision of law, the use of water 

12 for aquifer recharge under paragraph (1) shall be 

13 considered an authorized use for the Reclamation 

14 project under the reclamation laws. 

15 (3) MODIFICATIONS TO CONTRACTS.—The Sec16 retary may modify an existing water contract de17 scribed in paragraph (1) if the Secretary determines 

18 that the modification is— 

19 (A) necessary to allow for the use of water 

20 available under the contract for aquifer re21 charge under this subsection; 

22 (B) in the best interest of the Reclamation 

23 project and the United States; and 

24 (C) approved by the association of water 

25 users that is responsible for repaying the cost 


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1 of construction, operations, and maintenance of 

2 the facility that delivers the water under the 

3 contract. 

4 (4) REQUIREMENTS.—The use or transfer of 

5 water for aquifer recharge under this subsection 

6 shall be subject to the requirements that— 

7 (A) the use or transfer shall not be imple8 mented in a manner that is detrimental to any 

9 water or power service for the Reclamation 

10 project; and 

11 (B) before the use or transfer, the Sec12 retary shall determine that the use or trans13 fer— 

14 (i)(I) results in a net water storage 

15 benefit for the Reclamation project; or 

16 (II) contributes to the recharge of a 

17 depleted aquifer on eligible land; and 

18 (ii) complies with all applicable Fed19 eral and State laws and policies. 

20 (d) IN-LIEU RECHARGE.—To the extent consistent 

21 with State laws and policies, in-lieu recharge may be car22 ried out under this Act. 

23 (e) SENSE OF CONGRESS.—It is the sense of Con24 gress that— 


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1 (1) the Secretary should encourage the use of 

2 public land administered by the Bureau of Land 

3 Management for aquifer recharge, where appro4 priate, consistent with— 

5 (A) the existing grant of right-of-way; 

6 (B) as applicable, the Federal Land Policy 

7 and Management Act of 1976 (43 U.S.C. 1701 

8 et seq.); and 

9 (C) applicable land and resource manage10 ment plans; and 

11 (2) the Secretary should consider whether aqui12 fer recharge may be appropriate in certain areas of 

13 critical environmental concern, if aquifer recharge— 

14 (A) would enhance the values for which the 

15 area of critical environmental concern has been 

16 designated; and 

17 (B) is consistent with the management re18 quirements for the area of critical environ19 mental concern. 

20 (f) CONVEYANCE FOR AQUIFER RECHARGE PUR21 POSES.—The holder of a right-of-way, easement, permit, 

22 or other authorization to transport water across public 

23 land administered by the Bureau of Land Management 

24 is authorized to transport water for aquifer recharge pur25 poses, including outside of the regular period of use, withVerDate Sep 11 2014 19:13 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2871.IH H2871

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1 out requiring additional authorization from the Secretary 

2 where the use does not expand or interfere with the oper3 ation of the right-of-way, easement, permit, or other au4 thorization across public land. 

5 (g) EXEMPTION.—This Act shall not apply to the 

6 State of California. 

Æ 


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