II 

Calendar No. 276 

116TH CONGRESS 

1ST SESSION S. 1570 

[Report No. 116–155] 

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

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2019 

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

to the Committee on Energy and Natural Resources 

OCTOBER 29, 2019 

Reported by Ms. MURKOWSKI, with an amendment 

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

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’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 Bureau of Reclamation. 

5 (2) COMMISSIONER.—The term ‘‘Commis6 sioner’’ means the Commissioner of the Bureau. 

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

8 with respect to a Reclamation project, means land 

9 that— 

10 (A) is authorized to receive water under 

11 State law; and 

12 (B) shares a groundwater source with land 

13 located in the service area of the Reclamation 

14 project. 

15 (4) IN-LIEU RECHARGE.—The term ‘‘in-lieu re16 charge’’ means the use of surface water instead of 

17 pumped groundwater if that use of surface water 

18 will cause the direct reduction or elimination of 

19 groundwater withdrawals. 

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

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

22 volume of water that is— 

23 (A) stored in 1 or more aquifers; and 

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

25 served by a Reclamation project; or 


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

2 reduce groundwater overdraft. 

3 (6) RECLAMATION FACILITY.—The term ‘‘Rec4 lamation facility’’ means each of the infrastructure 

5 assets that are owned by the Bureau at a Reclama6 tion project. 

7 (7) RECLAMATION PROJECT.—The term ‘‘Rec8 lamation project’’ means any reclamation or irriga9 tion project, including incidental features thereof, 

10 authorized by Federal reclamation law, or con11 structed by the United States pursuant to such law, 

12 or in connection with which there is a repayment or 

13 water service contract executed by the United States 

14 pursuant to such law, or any project constructed by 

15 the Secretary through the Bureau of Reclamation 

16 for the reclamation of land. 

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

18 the Secretary of the Interior. 

19 SEC. 3. FLEXIBILITY TO ALLOW GREATER AQUIFER RE20 CHARGE IN WESTERN STATES. 

21 (a) USE OF BUREAU FACILITIES.— 

22 (1) IN GENERAL.—The Commissioner may 

23 allow the use of excess capacity in Bureau convey24 ance facilities for carriage of non-Reclamation 

25 project water for aquifer recharge, subject to appliVerDate Sep 11 2014 23:06 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1570.RS S1570

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1 cable rates, charges, and public participation re2 quirements, on the condition that— 

3 (A) the use— 

4 (i) shall not be implemented in a man5 ner that is detrimental to— 

6 (I) any water or power service 

7 contract for the Reclamation project; 

8 or 

9 (II) any existing obligations for 

10 fish, wildlife, or water quality protec11 tion; 

12 (ii) shall be consistent with existing 

13 water quality guidelines for the Reclama14 tion project; and 

15 (iii) shall comply with all applicable 

16 Federal and State law and policies of the 

17 Bureau of Reclamation; and 

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

19 contract for water or water capacity in a Rec20 lamation facility shall consent to the use of the 

21 Reclamation facility under this subsection. 

22 (2) EFFECT ON EXISTING CONTRACTS.—Noth23 ing in this subsection affects a contract— 

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

25 this Act; and 


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1 (B) under which the use of excess capacity 

2 in a Bureau conveyance facility for carriage of 

3 non-Reclamation project water for aquifer re4 charge is allowed. 

5 (b) AQUIFER RECHARGE ON ELIGIBLE LAND.— 

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

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

8 contract for a Reclamation project may— 

9 (A) directly use water available under the 

10 contract for aquifer recharge on eligible land; or 

11 (B) enter into an agreement with an indi12 vidual or entity to transfer water available 

13 under the contract for aquifer recharge on eligi14 ble land. 

15 (2) AUTHORIZED PROJECT USE.—Notwith16 standing any other provision of law, the use of water 

17 for aquifer recharge under paragraph (1) shall be 

18 considered an authorized use for the Reclamation 

19 project under the reclamation laws. 

20 (3) MODIFICATIONS TO CONTRACTS.—The Sec21 retary may modify an existing water contract de22 scribed in paragraph (1) if the Secretary determines 

23 that the modification is— 


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

2 available under the contract for aquifer re3 charge under this subsection; 

4 (B) in the best interest of the Reclamation 

5 project and the United States; and 

6 (C) approved by the association of water 

7 users that is responsible for repaying the cost 

8 of construction, operations, and maintenance of 

9 the facility that delivers the water under the 

10 contract. 

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

12 water for aquifer recharge under this subsection 

13 shall be subject to the requirements that— 

14 (A) the use or transfer shall not be imple15 mented in a manner that is detrimental to any 

16 water or power service for the Reclamation 

17 project; and 

18 (B) before the use or transfer, the Sec19 retary shall determine that the use or trans20 fer— 

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

22 benefit for the Reclamation project; or 

23 (II) contributes to the recharge of a 

24 depleted aquifer on eligible land; and 


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1 (ii) complies with all applicable Fed2 eral and State laws and policies. 

3 (c) IN-LIEU RECHARGE.—To the extent consistent 

4 with State laws and policies, in-lieu recharge may be car5 ried out under this Act. 

6 (d) SENSE OF CONGRESS.—It is the sense of Con7 gress that— 

8 (1) the Secretary should encourage the use of 

9 public land administered by the Bureau of Land 

10 Management for aquifer recharge, where appro11 priate, consistent with— 

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

13 (B) as applicable, the Federal Land Policy 

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

15 et seq.); and 

16 (C) applicable land and resource manage17 ment plans; and 

18 (2) the Secretary should consider whether aqui19 fer recharge may be appropriate in certain areas of 

20 critical environmental concern, if aquifer recharge— 

21 (A) would enhance the values for which the 

22 area of critical environmental concern has been 

23 designated; and 


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1 (B) is consistent with the management re2 quirements for the area of critical environ3 mental concern. 

4 (e) CONVEYANCE FOR AQUIFER RECHARGE PUR5 POSES.—The holder of a right-of-way, easement, permit, 

6 or other authorization to transport water across public 

7 land administered by the Bureau of Land Management 

8 is authorized to transport water for aquifer recharge pur9 poses, including outside of the regular period of use, with10 out requiring additional authorization from the Secretary 

11 where the use does not expand or interfere with the oper12 ation of the right-of-way, easement, permit, or other au13 thorization across public land. 

14 (f) EXEMPTION.—This Act shall not apply to the 

15 State of California. 

16 SECTION 1. SHORT TITLE. 

17 This Act may be cited as the ‘‘Aquifer Recharge Flexi18 bility Act’’. 

19 SEC. 2. DEFINITIONS. 

20 In this Act: 

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

22 Bureau of Reclamation. 

23 (2) COMMISSIONER.—The term ‘‘Commissioner’’ 

24 means the Commissioner of Reclamation. 


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

2 with respect to a Reclamation project, means land 

3 that— 

4 (A) is authorized to receive water under 

5 State law; and 

6 (B) shares an aquifer with land located in 

7 the service area of the Reclamation project. 

8 (4) NET WATER STORAGE BENEFIT.—The term 

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

10 volume of water that is— 

11 (A) stored in 1 or more aquifers; and 

12 (B)(i) available for use within the author13 ized service area of a Reclamation project; or 

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

15 reduce groundwater overdraft. 

16 (5) RECLAMATION FACILITY.—The term ‘‘Rec17 lamation facility’’ means each of the infrastructure 

18 assets that are owned by the Bureau at a Reclama19 tion project. 

20 (6) RECLAMATION PROJECT.—The term ‘‘Rec21 lamation project’’ means any reclamation or irriga22 tion project, including incidental features thereof, au23 thorized by Federal reclamation law or the Act of Au24 gust 11, 1939 (commonly known as the ‘‘Water Con25 servation and Utilization Act’’) (53 Stat. 1418, chapVerDate Sep 11 2014 23:06 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S1570.RS S1570

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1 ter 717; 16 U.S.C. 590y et seq.), or constructed by the 

2 United States pursuant to such law, or in connection 

3 with which there is a repayment or water service con4 tract executed by the United States pursuant to such 

5 law, or any project constructed by the Secretary 

6 through the Bureau for the reclamation of land. 

7 (7) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior. 

9 SEC. 3. FLEXIBILITY TO ALLOW GREATER AQUIFER RE10 CHARGE IN WESTERN STATES. 

11 (a) USE OF RECLAMATION FACILITIES.— 

12 (1) IN GENERAL.—The Commissioner may allow 

13 the use of excess capacity in Reclamation facilities for 

14 aquifer recharge of non-Reclamation project water, 

15 subject to applicable rates, charges, and public par16 ticipation requirements, on the condition that— 

17 (A) the use— 

18 (i) shall not be implemented in a man19 ner that is detrimental to— 

20 (I) any power service or water 

21 contract for the Reclamation project; or 

22 (II) any obligations for fish, wild23 life, or water quality protection appli24 cable to the Reclamation project; 


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1 (ii) shall be consistent with water qual2 ity guidelines for the Reclamation project; 

3 (iii) shall comply with all applicable— 

4 (I) Federal laws; and 

5 (II) policies of the Bureau; and 

6 (iv) shall comply with all applicable 

7 State laws and policies; and 

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

9 contract for water or water capacity in a Rec10 lamation facility consents to the use of the Rec11 lamation facility under this subsection. 

12 (2) EFFECT ON EXISTING CONTRACTS.—Nothing 

13 in this subsection affects a contract— 

14 (A) in effect on the date of enactment of this 

15 Act; and 

16 (B) under which the use of excess capacity 

17 in a Bureau conveyance facility for carriage of 

18 non-Reclamation project water for aquifer re19 charge is allowed. 

20 (b) AQUIFER RECHARGE ON ELIGIBLE LAND.— 

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

22 (4), the Secretary may contract with a holder of a 

23 water service or repayment contract for a Reclama24 tion project to allow the contractor, in accordance 

25 with applicable State laws and policies— 


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1 (A) to directly use water available under 

2 the contract for aquifer recharge on eligible land; 

3 or 

4 (B) to enter into an agreement with an in5 dividual or entity to transfer water available 

6 under the contract for aquifer recharge on eligi7 ble land. 

8 (2) AUTHORIZED PROJECT USE.—The use of a 

9 Reclamation facility for aquifer recharge under para10 graph (1) shall be considered an authorized use for 

11 the Reclamation project if requested by a holder of a 

12 water service or repayment contract for the Reclama13 tion facility. 

14 (3) MODIFICATIONS TO CONTRACTS.—The Sec15 retary may contract with a holder of a water service 

16 or repayment contract for a Reclamation project 

17 under paragraph (1) if the Secretary determines that 

18 a new contract or contract amendment described in 

19 that paragraph is— 

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

21 available under the contract for aquifer recharge 

22 under this subsection; 

23 (B) in the best interest of the Reclamation 

24 project and the United States; and 


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1 (C) approved by the contractor that is re2 sponsible for repaying the cost of construction, 

3 operations, and maintenance of the facility that 

4 delivers the water under the contract. 

5 (4) REQUIREMENTS.—The use of Reclamation 

6 facilities for the use or transfer of water for aquifer 

7 recharge under this subsection shall be subject to the 

8 requirements that— 

9 (A) the use or transfer shall not be imple10 mented in a manner that materially impacts 

11 any power service or water contract for the Rec12 lamation project; and 

13 (B) before the use or transfer, the Secretary 

14 shall determine that the use or transfer— 

15 (i) results in a net water storage ben16 efit for the Reclamation project; or 

17 (ii) contributes to the recharge of an 

18 aquifer on eligible land; and 

19 (C) the use or transfer complies with all ap20 plicable— 

21 (i) Federal laws and policies; and 

22 (ii) interstate water compacts. 

23 (c) CONVEYANCE FOR AQUIFER RECHARGE PUR24 POSES.—The holder of a right-of-way, easement, permit, or 

25 other authorization to transport water across public land 


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1 administered by the Bureau of Land Management may 

2 transport water for aquifer recharge purposes without re3 quiring additional authorization from the Secretary where 

4 the use does not expand or modify the operation of the right5 of-way, easement, permit, or other authorization across 

6 public land. 

7 (d) EFFECT.—Nothing in this Act creates, impairs, al8 ters, or supersedes a Federal or State water right. 

9 (e) EXEMPTION.—This Act shall not apply to the State 

10 of California. 


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Calendar No. 276 

116TH CONGRESS 

1ST SESSION S. 1570 

[Report No. 116–155] 

A BILL 

To provide flexibility to allow greater aquifer 

recharge, and for other purposes. 

OCTOBER 29, 2019 

Reported with an amendment 


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