A bill to amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.
- Sponsor
- Sen. Risch, James E. [R-ID]
- Committees
- Energy and Natural Resources Committee (primary)
- Last action
- Sep 30, 2026
Bottom line
This bill streamlines the process for certain entities to use existing infrastructure for aquifer recharge on federal lands by clarifying regulatory requirements and rent exemptions, while maintaining environmental safeguards.
What it actually does
This bill amends the Aquifer Recharge Flexibility Act to clarify that holders of existing rights-of-way, easements, or permits can use them for aquifer recharge and water transport for that purpose without needing additional authorization from the Secretary of the Interior. It specifies that such use is not considered an expansion, modification, major Federal action, or substantial deviation. It also requires notice to the Bureau of Land Management (BLM) and exempts non-profit uses from additional rent, while explicitly stating it does not waive compliance with major environmental laws or authorize new construction.
Proponents argue
Supporters argue this clarification removes unnecessary bureaucratic hurdles and costs for states, tribes, and public entities engaged in vital aquifer recharge efforts, promoting water conservation and sustainable water management, especially in drought-prone regions. They emphasize that the bill explicitly preserves environmental protections.
Opponents contend
Critics might argue that while clarifying, the bill could still lead to increased use of federal lands for water projects without sufficient new environmental review, potentially straining resources or impacting local ecosystems, even with the stated non-waiver clauses. Some might also question the scope of 'existing infrastructure' and potential for future disputes.
The bill is concise, but its legal language and references to existing statutes require careful reading to fully grasp its implications.
Section 1(a)(2) amending 43 U.S.C. 390g-9(c)(3)(A)
Streamlining Aquifer Recharge on Federal Lands
This provision clarifies that entities holding existing rights-of-way, easements, or permits on federal land can use these authorizations for aquifer recharge and for transporting water for that purpose. It explicitly states that this use does not require additional authorization from the Secretary of the Interior and is not considered an expansion, modification, major Federal action, or substantial deviation, thereby simplifying the regulatory process.
Supporters argue
Supporters argue this clarification is essential for efficient water management, allowing public entities to more readily implement aquifer recharge projects without facing redundant federal permitting processes, which can be costly and time-consuming. This promotes water security and resilience.
Critics contend
Some might argue that even a clarification could inadvertently reduce opportunities for federal oversight or public input on how federal lands are used, even if no "new" authorization is required. They might express concern about potential cumulative impacts not fully captured by existing environmental reviews.
Tradeoffs
The bill balances the desire to streamline water management projects with the need to maintain appropriate federal oversight and environmental protection. It aims to reduce administrative friction while explicitly stating that environmental laws are not waived.
Section 1(a)(3) adding 43 U.S.C. 390g-9(c)(3)(B) and (C)
BLM Notification and Fee Structure for Aquifer Recharge
This provision mandates that entities intending to use existing authorizations for aquifer recharge must provide at least 30 days' notice to the Bureau of Land Management (BLM), detailing the intended use and providing a copy of any agreement with the authorization holder. It also exempts non-profit uses of aquifer recharge from paying additional rent to the BLM, but explicitly states that for-profit uses or entities are not exempt from such payments.
Section 1(b) amending 43 U.S.C. 390g-9(c)(4)
Affirmation of Environmental Protections and Limitations on New Construction
This section explicitly clarifies that the Aquifer Recharge Flexibility Act does not waive compliance with major environmental laws such as the Federal Water Pollution Control Act, the Endangered Species Act of 1973, or the Wild and Scenic Rivers Act. Furthermore, it states that the Act does not provide authority to construct, modify, or expand any existing infrastructure. This reinforces that the bill's intent is limited to clarifying the use of existing infrastructure under existing environmental regulations.
The notice requirement identifies the "existing right-of-way, easement, permit, other authorization, or recognized authorized use for ditches and canals constructed on public land before or on October 21, 1976, under the authority of sections 2339 and 2340 of the Revised Statutes (43 U.S.C. 661) intended to be used."
Section 1(a)(3)(ii)(II)
Why it matters:This is standard legislative practice to precisely define the scope of covered authorizations by referencing existing law and historical context. It's not evasive, but rather a technical detail.
Case for: Proponents would argue this specificity is necessary to clearly define which existing infrastructure is covered, preventing ambiguity and ensuring the bill applies only to long-established uses under specific legal frameworks.
Case against: Critics might argue that such specific historical references can make the bill less transparent for the general public, requiring legal expertise to fully understand its reach and potential impacts on federal lands.
Estimated impact: Clarifies the scope of infrastructure eligible for streamlined aquifer recharge, potentially affecting a significant number of older water conveyance systems on federal lands.