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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-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Aquifer Recharge
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Flexibility Act’’.
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SEC. 2. FLEXIBILITY TO ALLOW GREATER AQUIFER RE-
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CHARGE IN WESTERN STATES.
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(a) DEFINITIONS.—In this Act:
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(1) BUREAU.—The term ‘‘Bureau’’ means the
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Bureau of Reclamation.
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(2)
COMMISSIONER.—The
term
‘‘Commis-
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sioner’’ means the Commissioner of the Bureau.
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(3) ELIGIBLE LAND.—The term ‘‘eligible land’’,
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with respect to a Reclamation project, means land
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that—
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(A) is authorized to receive water under
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State law; and
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(B) shares a groundwater source with land
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located in the service area of the Reclamation
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project.
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(4) IN-LIEU RECHARGE.—The term ‘‘in-lieu re-
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charge’’ means the use of surface water instead of
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pumped groundwater if that use of surface water
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will cause the direct reduction or elimination of
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groundwater withdrawals.
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(5) NET WATER STORAGE BENEFIT.—The term
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‘‘net water storage benefit’’ means an increase in the
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volume of water that is—
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(A) stored in one or more aquifers; and
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(B)(i) available for use within the area
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served by a Reclamation project; or
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(ii) stored on a long-term basis to avoid or
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reduce groundwater overdraft.
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(6) RECLAMATION FACILITY.—The term ‘‘Rec-
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lamation facility’’ means each of the infrastructure
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•HR 2871 IH
assets that are owned by the Bureau at a Reclama-
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tion project.
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(7) RECLAMATION PROJECT.—The term ‘‘Rec-
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lamation project’’ means any reclamation or irriga-
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tion project, including incidental features thereof,
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authorized by Federal reclamation law, or con-
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structed by the United States pursuant to such law,
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or in connection with which there is a repayment or
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water service contract executed by the United States
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pursuant to such law, or any project constructed by
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the Secretary through the Bureau of Reclamation
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for the reclamation of land.
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(8) SECRETARY.—The term ‘‘Secretary’’ means
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the Secretary of the Interior.
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(b) USE OF BUREAU FACILITIES.—
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(1) IN
GENERAL.—The Commissioner may
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allow the use of excess capacity in Bureau convey-
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ance facilities for carriage of non-Reclamation
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project water for aquifer recharge, subject to appli-
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cable rates, charges, and public participation re-
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quirements, on the condition that—
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(A) the use—
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(i) shall not be implemented in a man-
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ner that is detrimental to—
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(I) any water or power service
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contract for the Reclamation project;
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or
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(II) any existing obligations for
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fish, wildlife, or water quality protec-
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tion;
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(ii) shall be consistent with existing
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water quality guidelines for the Reclama-
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tion project; and
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(iii) shall comply with all applicable
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Federal and State law and policies of the
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Bureau of Reclamation; and
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(B) the non-Federal party to an existing
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contract for water or water capacity in a Rec-
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lamation facility shall consent to the use of the
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Reclamation facility under this subsection.
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(2) EFFECT ON EXISTING CONTRACTS.—Noth-
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ing in this subsection affects a contract—
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(A) in effect on the date of enactment of
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this Act; and
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(B) under which the use of excess capacity
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in a Bureau conveyance facility for carriage of
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non-Reclamation project water for aquifer re-
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charge is allowed.
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(c) AQUIFER RECHARGE ON ELIGIBLE LAND.—
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(1) IN GENERAL.—Subject to paragraphs (3)
1
and (4), a holder of a water service or repayment
2
contract for a Reclamation project may—
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(A) directly use water available under the
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contract for aquifer recharge on eligible land; or
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(B) enter into an agreement with an indi-
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vidual or entity to transfer water available
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under the contract for aquifer recharge on eligi-
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ble land.
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(2) AUTHORIZED
PROJECT
USE.—Notwith-
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standing any other provision of law, the use of water
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for aquifer recharge under paragraph (1) shall be
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considered an authorized use for the Reclamation
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project under the reclamation laws.
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(3) MODIFICATIONS TO CONTRACTS.—The Sec-
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retary may modify an existing water contract de-
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scribed in paragraph (1) if the Secretary determines
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that the modification is—
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(A) necessary to allow for the use of water
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available under the contract for aquifer re-
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charge under this subsection;
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(B) in the best interest of the Reclamation
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project and the United States; and
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(C) approved by the association of water
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users that is responsible for repaying the cost
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of construction, operations, and maintenance of
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the facility that delivers the water under the
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contract.
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(4) REQUIREMENTS.—The use or transfer of
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water for aquifer recharge under this subsection
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shall be subject to the requirements that—
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(A) the use or transfer shall not be imple-
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mented in a manner that is detrimental to any
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water or power service for the Reclamation
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project; and
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(B) before the use or transfer, the Sec-
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retary shall determine that the use or trans-
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fer—
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(i)(I) results in a net water storage
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benefit for the Reclamation project; or
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(II) contributes to the recharge of a
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depleted aquifer on eligible land; and
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(ii) complies with all applicable Fed-
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eral and State laws and policies.
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(d) IN-LIEU RECHARGE.—To the extent consistent
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with State laws and policies, in-lieu recharge may be car-
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ried out under this Act.
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(e) SENSE OF CONGRESS.—It is the sense of Con-
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gress that—
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(1) the Secretary should encourage the use of
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public land administered by the Bureau of Land
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Management for aquifer recharge, where appro-
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priate, consistent with—
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(A) the existing grant of right-of-way;
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(B) as applicable, the Federal Land Policy
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and Management Act of 1976 (43 U.S.C. 1701
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et seq.); and
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(C) applicable land and resource manage-
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ment plans; and
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(2) the Secretary should consider whether aqui-
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fer recharge may be appropriate in certain areas of
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critical environmental concern, if aquifer recharge—
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(A) would enhance the values for which the
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area of critical environmental concern has been
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designated; and
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(B) is consistent with the management re-
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quirements for the area of critical environ-
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mental concern.
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(f) CONVEYANCE
FOR AQUIFER RECHARGE PUR-
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POSES.—The holder of a right-of-way, easement, permit,
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or other authorization to transport water across public
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land administered by the Bureau of Land Management
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is authorized to transport water for aquifer recharge pur-
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poses, including outside of the regular period of use, with-
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out requiring additional authorization from the Secretary
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where the use does not expand or interfere with the oper-
2
ation of the right-of-way, easement, permit, or other au-
3
thorization across public land.
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(g) EXEMPTION.—This Act shall not apply to the
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State of California.
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Æ
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