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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Aquifer Recharge 
Flexibility Act’’. 
SEC. 2. FLEXIBILITY TO ALLOW GREATER AQUIFER RE-
CHARGE IN WESTERN STATES. 
(a) DEFINITIONS.—In this Act: 
(1) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Reclamation. 
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(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of the Bureau. 
(3) ELIGIBLE LAND.—The term ‘‘eligible land’’, 
with respect to a Reclamation project, means land 
that— 
(A) is authorized to receive water under 
State law; and 
(B) shares a groundwater source with land 
located in the service area of the Reclamation 
project. 
(4) IN-LIEU RECHARGE.—The term ‘‘in-lieu re-
charge’’ means the use of surface water instead of 
pumped groundwater if that use of surface water 
will cause the direct reduction or elimination of 
groundwater withdrawals. 
(5) NET WATER STORAGE BENEFIT.—The term 
‘‘net water storage benefit’’ means an increase in the 
volume of water that is— 
(A) stored in one or more aquifers; and 
(B)(i) available for use within the area 
served by a Reclamation project; or 
(ii) stored on a long-term basis to avoid or 
reduce groundwater overdraft. 
(6) RECLAMATION FACILITY.—The term ‘‘Rec-
lamation facility’’ means each of the infrastructure 
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assets that are owned by the Bureau at a Reclama-
tion project. 
(7) RECLAMATION PROJECT.—The term ‘‘Rec-
lamation project’’ means any reclamation or irriga-
tion project, including incidental features thereof, 
authorized by Federal reclamation law, or con-
structed by the United States pursuant to such law, 
or in connection with which there is a repayment or 
water service contract executed by the United States 
pursuant to such law, or any project constructed by 
the Secretary through the Bureau of Reclamation 
for the reclamation of land. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(b) USE OF BUREAU FACILITIES.— 
(1) IN
GENERAL.—The Commissioner may 
allow the use of excess capacity in Bureau convey-
ance facilities for carriage of non-Reclamation 
project water for aquifer recharge, subject to appli-
cable rates, charges, and public participation re-
quirements, on the condition that— 
(A) the use— 
(i) shall not be implemented in a man-
ner that is detrimental to— 
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(I) any water or power service 
contract for the Reclamation project; 
or 
(II) any existing obligations for 
fish, wildlife, or water quality protec-
tion; 
(ii) shall be consistent with existing 
water quality guidelines for the Reclama-
tion project; and 
(iii) shall comply with all applicable 
Federal and State law and policies of the 
Bureau of Reclamation; and 
(B) the non-Federal party to an existing 
contract for water or water capacity in a Rec-
lamation facility shall consent to the use of the 
Reclamation facility under this subsection. 
(2) EFFECT ON EXISTING CONTRACTS.—Noth-
ing in this subsection affects a contract— 
(A) in effect on the date of enactment of 
this Act; and 
(B) under which the use of excess capacity 
in a Bureau conveyance facility for carriage of 
non-Reclamation project water for aquifer re-
charge is allowed. 
(c) AQUIFER RECHARGE ON ELIGIBLE LAND.— 
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(1) IN GENERAL.—Subject to paragraphs (3) 
and (4), a holder of a water service or repayment 
contract for a Reclamation project may— 
(A) directly use water available under the 
contract for aquifer recharge on eligible land; or 
(B) enter into an agreement with an indi-
vidual or entity to transfer water available 
under the contract for aquifer recharge on eligi-
ble land. 
(2) AUTHORIZED
PROJECT
USE.—Notwith-
standing any other provision of law, the use of water 
for aquifer recharge under paragraph (1) shall be 
considered an authorized use for the Reclamation 
project under the reclamation laws. 
(3) MODIFICATIONS TO CONTRACTS.—The Sec-
retary may modify an existing water contract de-
scribed in paragraph (1) if the Secretary determines 
that the modification is— 
(A) necessary to allow for the use of water 
available under the contract for aquifer re-
charge under this subsection; 
(B) in the best interest of the Reclamation 
project and the United States; and 
(C) approved by the association of water 
users that is responsible for repaying the cost 
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of construction, operations, and maintenance of 
the facility that delivers the water under the 
contract. 
(4) REQUIREMENTS.—The use or transfer of 
water for aquifer recharge under this subsection 
shall be subject to the requirements that— 
(A) the use or transfer shall not be imple-
mented in a manner that is detrimental to any 
water or power service for the Reclamation 
project; and 
(B) before the use or transfer, the Sec-
retary shall determine that the use or trans-
fer— 
(i)(I) results in a net water storage 
benefit for the Reclamation project; or 
(II) contributes to the recharge of a 
depleted aquifer on eligible land; and 
(ii) complies with all applicable Fed-
eral and State laws and policies. 
(d) IN-LIEU RECHARGE.—To the extent consistent 
with State laws and policies, in-lieu recharge may be car-
ried out under this Act. 
(e) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
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(1) the Secretary should encourage the use of 
public land administered by the Bureau of Land 
Management for aquifer recharge, where appro-
priate, consistent with— 
(A) the existing grant of right-of-way; 
(B) as applicable, the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701 
et seq.); and 
(C) applicable land and resource manage-
ment plans; and 
(2) the Secretary should consider whether aqui-
fer recharge may be appropriate in certain areas of 
critical environmental concern, if aquifer recharge— 
(A) would enhance the values for which the 
area of critical environmental concern has been 
designated; and 
(B) is consistent with the management re-
quirements for the area of critical environ-
mental concern. 
(f) CONVEYANCE
FOR AQUIFER RECHARGE PUR-
POSES.—The holder of a right-of-way, easement, permit, 
or other authorization to transport water across public 
land administered by the Bureau of Land Management 
is authorized to transport water for aquifer recharge pur-
poses, including outside of the regular period of use, with-
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out requiring additional authorization from the Secretary 
where the use does not expand or interfere with the oper-
ation of the right-of-way, easement, permit, or other au-
thorization across public land. 
(g) EXEMPTION.—This Act shall not apply to the 
State of California. 
Æ 
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