High Plains States Groundwater Demonstration Program Act of 1983
PL 98-434 (H.R.71), enacted 09/28/1984

PUBLIC LAW 98-434—SEPT. 28, 1984 
98 STAT. 1675 
Public Law 98-434 
98th Congress 
An Act 
To authorize and direct the Secretary of the Interior to engage in a special study of 
the potential for groundwater recharge in the High Plains States, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That this Act may 
be cited as the "High Plains States Groundwater Demonstration 
Program Act of 1983". 
SEC. 2. The Secretary of the Interior (hereinafter referred to as the 
"Secretary"), acting through the Bureau of Reclamation (herein-
after referred to as the "Bureau"), shall, in two phases, conduct an 
investigation of and establish demonstration projects for ground-
water recharge of aquifers in the States of Colorado, Kansas, 
Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyo-
ming (such States to be hereinafter referred to as the "High Plains 
States") and in the other States referred to in section 1 of the 
Reclamation Act of 1902 (hereinafter referred to as "other Reclama-
tion Act States"), as provided by this Act: Provided, That funds 
made available pursuant to this Act shall not be used for the study 
or construction of groundwater recharge demonstration projects in 
the High Plains States and other Reclamation Act States which 
would utilize water originating in the drainage basin of the Great 
Lakes. The Bureau shall consult with the United States Geological 
Survey and other appropriate agencies and departments of the 
United States and of the High Plains States and other Reclamation 
Act States in order to carry out this Act. 
SEC. 3. (a) During phase I, the Bureau, in consultation with the 
High Plains States and other Reclamation Act States and other 
appropriate departments and agencies of the United States, includ-
ing the United States Geological Survey, shall develop a detailed 
plan of demonstration projects the purpose of which is to determine 
whether various recharge technologies may be applied to diverse 
geologic and hydrologic conditions represented in the High Plains 
States and other Reclamation Act States. In the preparation and 
development of such plan, the Bureau shall make maximum use of 
data, planning studies and other technical resources and assistance 
available from State and local entities: Provided, That contributions 
of such technical resources and assistance may be counted as part of 
the inkind services or other State contribution, but shall otherwise 
be provided without compensation to the State or local entity. This 
plan shall contain the selection of not less than a total of twelve 
demonstration project sites in High Plains States and not less than a 
total of nine demonstration project sites in other Reclamation Act 
States. Demonstration project sites shall be confined to areas having 
a declining water table, an available surface water supply, and a 
high probability of physical, chemical, and economic feasibility for 
recharge of the groundwater reservoir. The plan shall provide for 
demonstration of the application of recharge technology and the 
selection of water sources, determination of necessary physical 
Sept. 28, 1984 
[H.R. 71] 
High Plains 
States 
Groundwater 
Demonstration 
Program Act of 
1983 
43 u s e 390g 
note. 
43 u s e 390g. 
43 u s e 391. 
Prohibition. 
43 u s e 390g-l. 
98 STAT. 1676 
PUBLIC LAW 98-434—SEPT. 28, 1984 
Report. 
43 use 390g-2. 
Contracts with 
U.S. 
Reports. 
43 use 390g-3. 
works and the operation of water replacement systems, formulation 
of a monitoring program, identification of any economic, legal, 
intergovernmental, and environmental issues and projection of 
planning problems associated with such systems, and recommenda-
tion of legislative and administrative actions as may be necessary to 
carry out phase IL 
(b) During phase I the Bureau is authorized and directed to 
recommend demonstration projects to be designed, constructed, and 
operated during phase IL 
(c) Within six months, after the enactment of an appropriation 
Act to carry out phase I, the Secretary shall make a preliminary 
selection of projects to receive further planning and development 
and shall initiate such further planning and development for those 
selected projects. 
(d) Within twenty-four months after the date of enactment of an 
appropriation Act to carry out phase I, the Secretary shall transmit 
a report to Congress containing the recommendations made pursu-
ant to subsection (b) and a detailed statement of his findings and 
conclusions. 
SEC. 4. (a) During phase II, and subject to State water laws and 
interstate water compacts, the Bureau is authorized and directed to 
design, construct, and operate demonstration projects in the High 
Plains States and other Reclamation Act States to recharge ground-
water systems as recommended in the report referred to in 
section 4(c). 
(b) During phase II the Secretary, acting through the Bureau, 
shall contract with the various High Plains States and other Recla-
mation Act States to conduct a study to identify and evaluate 
alternative means by which the costs of groundwater recharge 
projects could be allocated among the beneficiaries of the projects 
within the respective States and identify and evaluate the economic 
feasibility of and the legal authority for utilizing groundwater re-
charge in water resource development projects. 
(c)(1) Within twelve months after the initiation of phase II, and at 
annual intervals thereafter, the Secretary shall submit interim 
reports to Congress. Each report shall contain a detailed statement 
of his findings and progress respecting the design, construction, and 
operation of the demonstration projects referred to in subsection (a) 
and the study referred to in subsection (b). 
(2) Within five years after the initiation of phase II, the Secretary 
shall submit a final report to Congress. The final report shall 
contain— 
(A) a detailed evaluation of the demonstration projects re-
ferred to in subsection (a); 
(B) the results of the studies referred to in subsection (b); 
(C) specific recommendations regarding the location, scope, 
and feasibility of operational groundwater recharge projects to 
be constructed and maintained by the Bureau; and 
(D) an evaluation of the feasibility of integrating these 
groundwater 
recharge projects into existing 
reclamation 
projects. 
SEC. 5. The Secretary, acting through the Bureau, and the Admin-
istrator of the Environmental Protection Agency (hereinafter 
referred to as the "Administrator") shall enter into a memorandum-
of-understanding to provide for an evaluation of the impacts to 
surface water and groundwater quality resulting from the ground-
water recharge demonstration projects constructed pursuant to this 
PUBLIC LAW 98-434—SEPT. 28, 1984 
98 STAT. 1677 
Act. The Administrator shall consult with the United States Geolog-
ical Survey and shall make maximum use of data, studies, and other 
technical resources and assistance available from State and local 
entities in conducting the evaluation. The evaluation of water qual-
ity impacts shall be completed so as to be included in the Secretary's 
final report to the Congress referred to in section 4(c)(2) of this Act. 
SEC. 6. There is authorized to be appropriated $500,000 for fiscal 
years beginning after September 30, 1983, to carry out phase L 
Amounts shall be made available pursuant to the authorization 
contained in this section in a single sum for all demonstration 
project sites, and it shall be within the discretion of the Secretary to 
apportion such sum among such sites. 
SEC. 7. There is authorized to be appropriated for fiscal years 
beginning after September 30, 1983, $20,000,000 (October 1983 price 
levels) to carry out phase II. Amounts shall be made available 
pursuant to the authorization contained in this section in sums for 
individual projects based on findings of feasibility by the Secretary. 
SEC. 8. The funds authorized to be appropriated pursuant to 
section 7 of this Act shall match on a four-to-one basis funds made 
available by the States, their political subdivisions, or other non-
Federal entities to meet the cost of phase II: Provided, That, inkind 
services or other contributions by the States, their political sub-
divisions, or other non-Federal entities shall be considered in the 
determination of the matching non-Federal share. The Secretary is 
authorized to enter into memoranda of agreement with any 
appropriate agencies or departments of the High Plains States and 
other Reclamation Act States to share the costs of phase II. 
SEC. 9. Any new spending authority described in subsection (c)(2) 
(A) or (B) of section 401 of the Congressional Budget Act of 1974 
which is provided under this Act (or under any amendment made by 
this Act) shall be effective for any fiscal year only to such extent or 
in such amounts as are provided in advance in appropriation Acts. 
SEC. 10. No funds authorized to be appropriated by this Act shall 
be used for any activities associated with: 
(1) the interstate transfer of water from the State of Arkan-
sas; or 
(2) the study or demonstration of the potential for the inter-
state transfer of water from the State of Arkansas. 
Appropriation 
authorization. 
43 u s e 390g-4. 
Appropriation 
authorization. 
43 u s e 390g-5. 
Matching funds. 
43 u s e 390g-6. 
43 u s e 390g-7. 
2 u s e 651. 
Arkansas. 
43 u s e 390g-8. 
Approved September 28, 1984, 
LEGISLATIVE HISTORY—H.R. 71: 
HOUSE REPORT No. 98-167 (eomm. on Interior and Insular Affairs). 
SENATE REPORT No. 98-372 (Oomm. on Energy and Natural Resources). 
eONGRESSIONAL REOORD: 
Vol. 129 (1983): June 20, considered and passed House. 
Vol. 130 (1984): Aug. 10, considered and passed Senate, amended. 
Sept. 14, House concurred in Senate amendments.