Every Drop Counts Act
- Sponsor
- Rep. Costa, Jim [D-CA-21]
- Committees
- Natural Resources Committee (primary)
- Last action
- Nov 19, 2025
Bottom line
This bill expands federal grant eligibility under the IIJA for a wider range of water storage and conveyance projects, with a particular focus on groundwater management, and extends the program's duration.
What it actually does
This bill amends the Infrastructure Investment and Jobs Act (IIJA) to broaden the eligibility criteria for federal grants supporting water storage projects. It expands the types of projects that can receive funding to include those that convey water to or from storage, and introduces new categories specifically for groundwater aquifer storage, recovery, and stabilization projects. Additionally, it extends the authority for this grant program from 5 years to 10 years.
Proponents argue
Supporters argue that expanding eligibility for water storage projects, especially those focused on groundwater recharge, recovery, and stabilization, is crucial for enhancing water resilience in regions facing drought and water scarcity. They emphasize that the 'Every Drop Counts Act' reflects the urgent need to maximize water conservation and storage capabilities to support agricultural, municipal, and environmental needs, and that extending the grant authority provides necessary long-term planning stability for critical infrastructure.
Opponents contend
Potential opponents might express concerns about the fiscal implications of expanding eligibility without corresponding increases in funding, potentially diluting the impact of existing funds across a broader array of projects. They might also argue that broadening the scope could lead to less focused investment or projects that are less impactful than those originally prioritized, or raise questions about the federal role in what has traditionally been state or local water management responsibilities.
The bill is very short and uses clear language, making it highly accessible for a quick and thorough review by any interested reader.
Section 2(a), amending IIJA section 40903(b)(1)(B)(i)
Modification of General Water Storage Project Eligibility
This provision modifies the criteria for general water storage projects eligible for federal grants under the Infrastructure Investment and Jobs Act. It maintains the water storage capacity requirement (200 to 30,000 acre-feet) but expands eligibility to include projects that not only increase surface or groundwater storage but also those that convey water, directly or indirectly, to or from such storage. This broadens the scope to include infrastructure for moving water to and from storage facilities.
Supporters argue
Supporters argue that including water conveyance projects is essential because simply having storage capacity is insufficient if water cannot be efficiently moved to and from these sites, especially during periods of high precipitation or drought. This amendment ensures a more integrated approach to water management by funding the necessary infrastructure for water distribution and collection.
Critics contend
Critics might argue that expanding eligibility to conveyance projects could potentially divert funds from direct storage capacity increases, which they might view as a more critical need, or that it could lead to projects that primarily benefit specific users rather than the broad public good.
Tradeoffs
This provision balances the need for direct water storage capacity with the practical requirement for infrastructure that can effectively move water to and from these storage locations, acknowledging that both are crucial for comprehensive water management.
Section 2(a), amending IIJA section 40903(b)(1)(B)(ii)
New Eligibility for Groundwater Aquifer Storage and Stabilization Projects
This provision introduces a new category of eligible projects specifically targeting groundwater management. It allows projects that recharge between 200 and 150,000 acre-feet annually over their life, increase groundwater aquifer storage, convey water to or recover water from groundwater storage, or stabilize groundwater levels to receive federal grants. This significantly expands federal support for comprehensive groundwater management strategies.
Section 2(b), amending IIJA section 40903(e)
Extension of Grant Program Authority
This provision extends the authority for the water storage grant program under the Infrastructure Investment and Jobs Act from its original 5-year duration to 10 years. This change provides a significantly longer timeframe for states, local entities, and other applicants to plan, develop, and implement large-scale water storage and management projects, which often require extensive lead times.
This section clarifies that the amendments made by the bill do not supersede or affect State water law, Federal water law, interstate compacts, or treaty obligations. It also explicitly states that the bill does not authorize any acquisition of water by the Federal Government or infringe on any water rights.
Section 3
Why it matters:It is standard legislative practice to include such clauses to explicitly define the limits of federal action, prevent unintended conflicts with existing legal frameworks, and protect established rights, particularly in sensitive areas like water law.
Case for: Proponents would argue this section is crucial for ensuring the bill's changes are implemented smoothly without disrupting established legal frameworks or existing water rights, thus preventing legal challenges and maintaining state and local control over water allocation. It provides legal certainty and respects the complex tapestry of water governance.
Case against: No direct opposition is typically raised against such a clause, as its purpose is to prevent unintended negative consequences. However, some might argue that by explicitly limiting federal authority, it could hinder comprehensive federal solutions to widespread water issues that cross state lines or require broader coordination.
Estimated impact: Ensures that the federal grant program operates within existing legal and rights frameworks, preventing conflicts and maintaining the primacy of state and local water law and established water rights.