IB 
Union Calendar No. 37 
119TH CONGRESS 
1ST SESSION 
H. R. 331 
[Report No. 119–60] 
To amend the Aquifer Recharge Flexibility Act to clarify a provision relating 
to conveyances for aquifer recharge purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 13, 2025 
Mr. FULCHER (for himself and Mr. SIMPSON) introduced the following bill; 
which was referred to the Committee on Natural Resources 
APRIL 17, 2025 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on January 13, 2025] 
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A BILL 
To amend the Aquifer Recharge Flexibility Act to clarify 
a provision relating to conveyances for aquifer recharge 
purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CONVEYANCE FOR AQUIFER RECHARGE PUR-
POSES. 
(a) IN GENERAL.—Subsection (c)(3) of the Aquifer Re-
charge Flexibility Act (43 U.S.C. 390g–9) is amended— 
(1) by striking ‘‘The holder’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—The holder’’; 
(2) in subparagraph (A) (as so designated), by 
striking ‘‘may transport water for aquifer recharge 
purposes without requiring additional authorization 
from the Secretary where the use does not expand or 
modify the operation’’ and inserting ‘‘may, acting for 
the holder or on behalf of a State, political subdivi-
sion of a State, Indian Tribe, or public entity and 
subject to subparagraphs (B) and (C), use the existing 
right-of-way, easement, permit, or other authorization 
for the purpose of aquifer recharge and the transport 
and use of water rights for aquifer recharge without 
requiring additional authorization from the Sec-
retary, which use shall not be considered an expan-
sion, modification, or substantial deviation’’; and 
(3) by adding at the end the following: 
‘‘(B) NOTICE REQUIRED.— 
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‘‘(i) IN GENERAL.—Not less than 30 
days before using an existing right-of-way, 
easement, permit, or other authorization for 
the purpose of aquifer recharge under sub-
paragraph (A), the holder of the right-of- 
way, easement, permit, or other authoriza-
tion shall submit to the Bureau of Land 
Management notice of the intended use, in 
accordance with clause (ii). 
‘‘(ii) REQUIREMENTS.—A notice sub-
mitted under clause (i) shall— 
‘‘(I) identify the State, political 
subdivision of the State, Indian Tribe, 
or public entity intending to use the 
existing right-of-way, easement, per-
mit, or other authorization for the pur-
pose of aquifer recharge; 
‘‘(II) identify the existing right-of- 
way, easement, permit, other author-
ization, or recognized authorized use 
for ditches and canals constructed on 
public land before or on October 21, 
1976, under the authority of sections 
2339 and 2340 of the Revised Statutes 
(43 U.S.C. 661) intended to be used; 
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‘‘(III) provide details on the in-
tended use and scope of use for the 
purpose of aquifer recharge of the exist-
ing right-of-way, easement, permit, or 
other authorization; and 
‘‘(IV) provide a copy of the agree-
ment between the State, political sub-
division of the State, Indian Tribe, or 
public entity and the holder of the 
right-of-way, 
easement, 
permit, 
or 
other authorization to use the existing 
right-of-way, 
easement, 
permit, 
or 
other authorization for the purpose of 
aquifer recharge.’’. 
(b) EFFECT.—Subsection (c)(4) of the Aquifer Re-
charge Flexibility Act (43 U.S.C. 390g–9) is amended— 
(1) by striking ‘‘Act creates’’ and inserting ‘‘sec-
tion— 
‘‘(A) creates’’; 
(2) in subparagraph (A) (as so designated), by 
striking the period at the end and inserting a semi-
colon; and 
(3) by adding at the end of the following: 
‘‘(B) waives the obligation of the holder of 
a right-of-way, easement, permit, or other au-
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thorization described in paragraph (3)(A) to 
comply with all applicable— 
‘‘(i) Federal laws; and 
‘‘(ii) policies of the Bureau; or 
‘‘(C) provides authority to construct, mod-
ify, or expand any existing infrastructure cov-
ered under subsection (c)(3).’’. 
(c) TECHNICAL AMENDMENTS.—The Aquifer Recharge 
Flexibility Act (43 U.S.C. 390g–9) is amended in each of 
subsections (a) and (c)(5) by striking ‘‘Act’’ each place it 
appears and inserting ‘‘section’’. 
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Union Calendar No. 37 
119TH CONGRESS 
1ST SESSION 
H. R. 331 
[Report No. 119–60] 
A BILL 
To amend the Aquifer Recharge Flexibility Act to 
clarify a provision relating to conveyances for aq-
uifer recharge purposes. 
APRIL 17, 2025 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
21:20 Apr 17, 2025
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PO 00000
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