Aquifer Recharge Flexibility Act

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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Aquifer Recharge 4 Flexibility Act’’. 5 VerDate Sep 11 2014 23:06 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S1570.RS S1570 kjohnson on DSK79L0C42 with BILLS 2 •S 1570 RS SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) BUREAU.—The term ‘‘Bureau’’ means the 3 Bureau of Reclamation. 4 (2) COMMISSIONER.—The term ‘‘Commis- 5 sioner’’ means the Commissioner of the Bureau. 6 (3) ELIGIBLE LAND.—The term ‘‘eligible land’’, 7 with respect to a Reclamation project, means land 8 that— 9 (A) is authorized to receive water under 10 State law; and 11 (B) shares a groundwater source with land 12 located in the service area of the Reclamation 13 project. 14 (4) IN-LIEU RECHARGE.—The term ‘‘in-lieu re- 15 charge’’ means the use of surface water instead of 16 pumped groundwater if that use of surface water 17 will cause the direct reduction or elimination of 18 groundwater withdrawals. 19 (5) NET WATER STORAGE BENEFIT.—The term 20 ‘‘net water storage benefit’’ means an increase in the 21 volume of water that is— 22 (A) stored in 1 or more aquifers; and 23 (B)(i) available for use within the area 24 served by a Reclamation project; or 25 VerDate Sep 11 2014 23:06 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1570.RS S1570 kjohnson on DSK79L0C42 with BILLS 3 •S 1570 RS (ii) stored on a long term basis to avoid or 1 reduce groundwater overdraft. 2 (6) RECLAMATION FACILITY.—The term ‘‘Rec- 3 lamation facility’’ means each of the infrastructure 4 assets that are owned by the Bureau at a Reclama- 5 tion project. 6 (7) RECLAMATION PROJECT.—The term ‘‘Rec- 7 lamation project’’ means any reclamation or irriga- 8 tion project, including incidental features thereof, 9 authorized by Federal reclamation law, or con- 10 structed by the United States pursuant to such law, 11 or in connection with which there is a repayment or 12 water service contract executed by the United States 13 pursuant to such law, or any project constructed by 14 the Secretary through the Bureau of Reclamation 15 for the reclamation of land. 16 (8) SECRETARY.—The term ‘‘Secretary’’ means 17 the Secretary of the Interior. 18 SEC. 3. FLEXIBILITY TO ALLOW GREATER AQUIFER RE- 19 CHARGE IN WESTERN STATES. 20 (a) USE OF BUREAU FACILITIES.— 21 (1) IN GENERAL.—The Commissioner may 22 allow the use of excess capacity in Bureau convey- 23 ance facilities for carriage of non-Reclamation 24 project water for aquifer recharge, subject to appli- 25 VerDate Sep 11 2014 23:06 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1570.RS S1570 kjohnson on DSK79L0C42 with BILLS 4 •S 1570 RS cable rates, charges, and public participation re- 1 quirements, on the condition that— 2 (A) the use— 3 (i) shall not be implemented in a man- 4 ner that is detrimental to— 5 (I) any water or power service 6 contract for the Reclamation project; 7 or 8 (II) any existing obligations for 9 fish, wildlife, or water quality protec- 10 tion; 11 (ii) shall be consistent with existing 12 water quality guidelines for the Reclama- 13 tion project; and 14 (iii) shall comply with all applicable 15 Federal and State law and policies of the 16 Bureau of Reclamation; and 17 (B) the non-Federal party to an existing 18 contract for water or water capacity in a Rec- 19 lamation facility shall consent to the use of the 20 Reclamation facility under this subsection. 21 (2) EFFECT ON EXISTING CONTRACTS.—Noth- 22 ing in this subsection affects a contract— 23 (A) in effect on the date of enactment of 24 this Act; and 25 VerDate Sep 11 2014 23:06 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1570.RS S1570 kjohnson on DSK79L0C42 with BILLS 5 •S 1570 RS (B) under which the use of excess capacity 1 in a Bureau conveyance facility for carriage of 2 non-Reclamation project water for aquifer re- 3 charge is allowed. 4 (b) AQUIFER RECHARGE ON ELIGIBLE LAND.— 5 (1) IN GENERAL.—Subject to paragraphs (3) 6 and (4), a holder of a water service or repayment 7 contract for a Reclamation project may— 8 (A) directly use water available under the 9 contract for aquifer recharge on eligible land; or 10 (B) enter into an agreement with an indi- 11 vidual or entity to transfer water available 12 under the contract for aquifer recharge on eligi- 13 ble land. 14 (2) AUTHORIZED PROJECT USE.—Notwith- 15 standing any other provision of law, the use of water 16 for aquifer recharge under paragraph (1) shall be 17 considered an authorized use for the Reclamation 18 project under the reclamation laws. 19 (3) MODIFICATIONS TO CONTRACTS.—The Sec- 20 retary may modify an existing water contract de- 21 scribed in paragraph (1) if the Secretary determines 22 that the modification is— 23 VerDate Sep 11 2014 23:06 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1570.RS S1570 kjohnson on DSK79L0C42 with BILLS 6 •S 1570 RS (A) necessary to allow for the use of water 1 available under the contract for aquifer re- 2 charge under this subsection; 3 (B) in the best interest of the Reclamation 4 project and the United States; and 5 (C) approved by the association of water 6 users that is responsible for repaying the cost 7 of construction, operations, and maintenance of 8 the facility that delivers the water under the 9 contract. 10 (4) REQUIREMENTS.—The use or transfer of 11 water for aquifer recharge under this subsection 12 shall be subject to the requirements that— 13 (A) the use or transfer shall not be imple- 14 mented in a manner that is detrimental to any 15 water or power service for the Reclamation 16 project; and 17 (B) before the use or transfer, the Sec- 18 retary shall determine that the use or trans- 19 fer— 20 (i)(I) results in a net water storage 21 benefit for the Reclamation project; or 22 (II) contributes to the recharge of a 23 depleted aquifer on eligible land; and 24 VerDate Sep 11 2014 23:06 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1570.RS S1570 kjohnson on DSK79L0C42 with BILLS 7 •S 1570 RS (ii) complies with all applicable Fed- 1 eral and State laws and policies. 2 (c) IN-LIEU RECHARGE.—To the extent consistent 3 with State laws and policies, in-lieu recharge may be car- 4 ried out under this Act. 5 (d) SENSE OF CONGRESS.—It is the sense of Con- 6 gress that— 7 (1) the Secretary should encourage the use of 8 public land administered by the Bureau of Land 9 Management for aquifer recharge, where appro- 10 priate, consistent with— 11 (A) the existing grant of right-of-way; 12 (B) as applicable, the Federal Land Policy 13 and Management Act of 1976 (43 U.S.C. 1701 14 et seq.); and 15 (C) applicable land and resource manage- 16 ment plans; and 17 (2) the Secretary should consider whether aqui- 18 fer recharge may be appropriate in certain areas of 19 critical environmental concern, if aquifer recharge— 20 (A) would enhance the values for which the 21 area of critical environmental concern has been 22 designated; and 23 VerDate Sep 11 2014 23:06 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1570.RS S1570 kjohnson on DSK79L0C42 with BILLS 8 •S 1570 RS (B) is consistent with the management re- 1 quirements for the area of critical environ- 2 mental concern. 3 (e) CONVEYANCE FOR AQUIFER RECHARGE PUR- 4 POSES.—The holder of a right-of-way, easement, permit, 5 or other authorization to transport water across public 6 land administered by the Bureau of Land Management 7 is authorized to transport water for aquifer recharge pur- 8 poses, including outside of the regular period of use, with- 9 out requiring additional authorization from the Secretary 10 where the use does not expand or interfere with the oper- 11 ation of the right-of-way, easement, permit, or other au- 12 thorization across public land. 13 (f) EXEMPTION.—This Act shall not apply to the 14 State of California. 15 SECTION 1. SHORT TITLE. 16 This Act may be cited as the ‘‘Aquifer Recharge Flexi- 17 bility Act’’. 18 SEC. 2. DEFINITIONS. 19 In this Act: 20 (1) BUREAU.—The term ‘‘Bureau’’ means the 21 Bureau of Reclamation. 22 (2) COMMISSIONER.—The term ‘‘Commissioner’’ 23 means the Commissioner of Reclamation. 24 VerDate Sep 11 2014 23:06 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S1570.RS S1570 kjohnson on DSK79L0C42 with BILLS 9 •S 1570 RS (3) ELIGIBLE LAND.—The term ‘‘eligible land’’, 1 with respect to a Reclamation project, means land 2 that— 3 (A) is authorized to receive water under 4 State law; and 5 (B) shares an aquifer with land located in 6 the service area of the Reclamation project. 7 (4) NET WATER STORAGE BENEFIT.—The term 8 ‘‘net water storage benefit’’ means an increase in the 9 volume of water that is— 10 (A) stored in 1 or more aquifers; and 11 (B)(i) available for use within the author- 12 ized service area of a Reclamation project; or 13 (ii) stored on a long-term basis to avoid or 14 reduce groundwater overdraft. 15 (5) RECLAMATION FACILITY.—The term ‘‘Rec- 16 lamation facility’’ means each of the infrastructure 17 assets that are owned by the Bureau at a Reclama- 18 tion project. 19 (6) RECLAMATION PROJECT.—The term ‘‘Rec- 20 lamation project’’ means any reclamation or irriga- 21 tion project, including incidental features thereof, au- 22 thorized by Federal reclamation law or the Act of Au- 23 gust 11, 1939 (commonly known as the ‘‘Water Con- 24 servation and Utilization Act’’) (53 Stat. 1418, chap- 25 VerDate Sep 11 2014 23:06 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S1570.RS S1570 kjohnson on DSK79L0C42 with BILLS 10 •S 1570 RS ter 717; 16 U.S.C. 590y et seq.), or constructed by the 1 United States pursuant to such law, or in connection 2 with which there is a repayment or water service con- 3 tract executed by the United States pursuant to such 4 law, or any project constructed by the Secretary 5 through the Bureau for the reclamation of land. 6 (7) SECRETARY.—The term ‘‘Secretary’’ means 7 the Secretary of the Interior. 8 SEC. 3. FLEXIBILITY TO ALLOW GREATER AQUIFER RE- 9 CHARGE IN WESTERN STATES. 10 (a) USE OF RECLAMATION FACILITIES.— 11 (1) IN GENERAL.—The Commissioner may allow 12 the use of excess capacity in Reclamation facilities for 13 aquifer recharge of non-Reclamation project water, 14 subject to applicable rates, charges, and public par- 15 ticipation requirements, on the condition that— 16 (A) the use— 17 (i) shall not be implemented in a man- 18 ner that is detrimental to— 19 (I) any power service or water 20 contract for the Reclamation project; or 21 (II) any obligations for fish, wild- 22 life, or water quality protection appli- 23 cable to the Reclamation project; 24 VerDate Sep 11 2014 23:06 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S1570.RS S1570 kjohnson on DSK79L0C42 with BILLS 11 •S 1570 RS (ii) shall be consistent with water qual- 1 ity guidelines for the Reclamation project; 2 (iii) shall comply with all applicable— 3 (I) Federal laws; and 4 (II) policies of the Bureau; and 5 (iv) shall comply with all applicable 6 State laws and policies; and 7 (B) the non-Federal party to an existing 8 contract for water or water capacity in a Rec- 9 lamation facility consents to the use of the Rec- 10 lamation facility under this subsection. 11 (2) EFFECT ON EXISTING CONTRACTS.—Nothing 12 in this subsection affects a contract— 13 (A) in effect on the date of enactment of this 14 Act; and 15 (B) under which the use of excess capacity 16 in a Bureau conveyance facility for carriage of 17 non-Reclamation project water for aquifer re- 18 charge is allowed. 19 (b) AQUIFER RECHARGE ON ELIGIBLE LAND.— 20 (1) IN GENERAL.—Subject to paragraphs (3) and 21 (4), the Secretary may contract with a holder of a 22 water service or repayment contract for a Reclama- 23 tion project to allow the contractor, in accordance 24 with applicable State laws and policies— 25 VerDate Sep 11 2014 23:06 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S1570.RS S1570 kjohnson on DSK79L0C42 with BILLS 12 •S 1570 RS (A) to directly use water available under 1 the contract for aquifer recharge on eligible land; 2 or 3 (B) to enter into an agreement with an in- 4 dividual or entity to transfer water available 5 under the contract for aquifer recharge on eligi- 6 ble land. 7 (2) AUTHORIZED PROJECT USE.—The use of a 8 Reclamation facility for aquifer recharge under para- 9 graph (1) shall be considered an authorized use for 10 the Reclamation project if requested by a holder of a 11 water service or repayment contract for the Reclama- 12 tion facility. 13 (3) MODIFICATIONS TO CONTRACTS.—The Sec- 14 retary may contract with a holder of a water service 15 or repayment contract for a Reclamation project 16 under paragraph (1) if the Secretary determines that 17 a new contract or contract amendment described in 18 that paragraph is— 19 (A) necessary to allow for the use of water 20 available under the contract for aquifer recharge 21 under this subsection; 22 (B) in the best interest of the Reclamation 23 project and the United States; and 24 VerDate Sep 11 2014 23:06 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\S1570.RS S1570 kjohnson on DSK79L0C42 with BILLS 13 •S 1570 RS (C) approved by the contractor that is re- 1 sponsible for repaying the cost of construction, 2 operations, and maintenance of the facility that 3 delivers the water under the contract. 4 (4) REQUIREMENTS.—The use of Reclamation 5 facilities for the use or transfer of water for aquifer 6 recharge under this subsection shall be subject to the 7 requirements that— 8 (A) the use or transfer shall not be imple- 9 mented in a manner that materially impacts 10 any power service or water contract for the Rec- 11 lamation project; and 12 (B) before the use or transfer, the Secretary 13 shall determine that the use or transfer— 14 (i) results in a net water storage ben- 15 efit for the Reclamation project; or 16 (ii) contributes to the recharge of an [Text truncated for display. 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