4 versions

CosmeticWhat changed in REFERRED IN SENATEcompared with ENGROSSED IN HOUSE (May 13, 2025)

Technical corrections only. The changes between v3 and v4 reflect the bill's procedural progression from the House of Representatives to the Senate, including updated legislative status and the name of the House Clerk. No substantive policy changes were made in v4.

H.R. 331119th CongressIntroduced Jan 13, 2025

To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.

Passed HouseWater Resources DevelopmentSubstantive

View bill text

Sponsor: Rep. Fulcher, Russ [R-ID-1]
Committees: Energy and Natural Resources Committee (primary)
Last action: Sep 30, 2026

Bottom line

H.R. 331 simplifies the administrative process for utilizing existing infrastructure on federal lands for aquifer recharge projects, while maintaining regulatory oversight and preventing unauthorized expansion.

What it actually does

This bill amends the Aquifer Recharge Flexibility Act to clarify and streamline the process for using existing federal rights-of-way, easements, and permits for aquifer recharge projects. It explicitly states that such use, whether by the holder or on behalf of a state, tribe, or public entity, does not require additional authorization from the Secretary of the Interior, provided it is not considered an expansion or modification. The bill also mandates a 30-day notice to the Bureau of Land Management (BLM) for such uses and clarifies that the Act does not waive compliance with federal laws or authorize new construction.

Proponents argue

Supporters argue this bill removes unnecessary bureaucratic hurdles that currently impede critical aquifer recharge efforts, allowing states, tribes, and local entities to more efficiently manage water resources and combat drought. They contend that clarifying the existing law will accelerate projects that enhance water security without expanding infrastructure or waiving environmental compliance.

Opponents contend

Critics might argue that while the intent is good, streamlining processes too much could lead to insufficient oversight of water usage on federal lands, potentially impacting other resource management goals or local ecosystems. They might also raise concerns about the adequacy of a 30-day notice period for complex water projects.

The bill is very short and straightforward, making it highly accessible for anyone to read and understand its core changes.

Section 1(a)(2)

Expanded Authorization for Aquifer Recharge Use

prominently featuredstraightforward

This provision amends the existing law to explicitly allow holders of federal rights-of-way, easements, or permits to use these existing authorizations for aquifer recharge purposes, either directly or on behalf of state, tribal, or public entities. Crucially, it states that this use does not require additional authorization from the Secretary of the Interior and is not considered an an expansion, modification, or substantial deviation of the existing use.

GroupImpactMechanismScale

GroupHolders of federal rights-of-way, easements, permits (e.g., water districts, utility companies)ImpactReduced administrative burden, increased flexibility in utilizing existing infrastructure.MechanismStatutory clarification that additional authorization is not needed for existing infrastructure use.ScalePotentially widespread across Western states facing water scarcity.

GroupState, political subdivisions, Indian Tribes, public entitiesImpactEasier access to federal lands for aquifer recharge projects, improved water management capabilities.MechanismAbility to partner with existing right-of-way holders without new federal permits.ScaleSignificant for regional water planning and drought resilience.

Supporters argue

Supporters argue this clarification is essential for efficient water management, enabling faster implementation of aquifer recharge projects that are vital for water conservation and drought mitigation, especially in arid regions. They contend it removes bureaucratic red tape without compromising federal oversight.

Critics contend

No specific opposition is typically raised against this provision as it primarily clarifies existing intent and streamlines administration, rather than introducing new controversial policy. Potential concerns might be folded into broader arguments about oversight.

Tradeoffs

The tension lies between streamlining administrative processes to facilitate water conservation and ensuring adequate federal oversight of activities on public lands. This provision aims to strike a balance by clarifying that existing uses for recharge don't need new permits, but other compliance obligations remain.

Section 1(a)(3)

Mandatory Notice to Bureau of Land Management

prominently featuredstraightforward

This new provision mandates that any entity intending to use an existing federal right-of-way for aquifer recharge must submit a notice to the Bureau of Land Management (BLM) at least 30 days beforehand. The notice must identify the entities involved, the specific authorization being used, details of the intended use, and a copy of any agreement between the holder and the entity performing the recharge.

Section 1(b)

Affirmation of Federal Law Compliance and Infrastructure Limits

prominently featuredstraightforward

This section clarifies that the Aquifer Recharge Flexibility Act does not waive the obligation of right-of-way holders to comply with all applicable federal laws and Bureau of Land Management policies. Furthermore, it explicitly states that the Act does not provide authority to construct, modify, or expand any existing infrastructure covered under the aquifer recharge provisions.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

CosmeticWhat changed in REFERRED IN SENATEcompared with ENGROSSED IN HOUSE (May 13, 2025)

H.R. 331119th CongressIntroduced Jan 13, 2025

To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.

Passed HouseWater Resources DevelopmentSubstantive

View bill text

Sponsor: Rep. Fulcher, Russ [R-ID-1]
Committees: Energy and Natural Resources Committee (primary)
Last action: Sep 30, 2026

Bottom line

What it actually does

Proponents argue

Opponents contend

The bill is very short and straightforward, making it highly accessible for anyone to read and understand its core changes.

Section 1(a)(2)

Expanded Authorization for Aquifer Recharge Use

prominently featuredstraightforward

GroupImpactMechanismScale

Supporters argue

Critics contend

Tradeoffs

Section 1(a)(3)

Mandatory Notice to Bureau of Land Management

prominently featuredstraightforward

Section 1(b)

Affirmation of Federal Law Compliance and Infrastructure Limits

prominently featuredstraightforward