To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.
- Bill Number
- H.R. 331
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Water Resources Development
- Status
- Passed House
- Latest Action
- 2025-05-14: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
- Last Updated
- 2026-07-11T01:24:27Z
AI-Generated Summary
Purpose
This legislation amends the Aquifer Recharge Flexibility Act to clarify rules for using existing federal land rights-of-way, easements, permits, or authorizations for aquifer recharge purposes. Aquifer recharge involves intentionally adding water to underground water reserves (aquifers) to replenish them and support long-term water supplies. The goal is to simplify the process for certain entities to transport and use water for this purpose without needing new federal approvals, while ensuring oversight and compliance.
Key Provisions
- Authorization for Use: Holders of existing federal rights-of-way, easements, permits, or similar authorizations (including older ditches and canals on public lands) can allow states, local governments, Indian Tribes, or public entities to use these for aquifer recharge and water transport. This use is not treated as an expansion, modification, or major change to the original authorization.
- Notice Requirement: Before starting such use, the holder must notify the Bureau of Land Management (BLM, a federal agency under the Department of the Interior) at least 30 days in advance. The notice must include:
- Identification of the state, local government, Tribe, or public entity involved.
- Details on the specific right-of-way or authorization to be used.
- Scope of the intended recharge activities.
- A copy of the agreement between the holder and the entity.
- Limitations and Clarifications:
- The law does not excuse anyone from following federal laws or BLM policies.
- It does not grant permission to build, alter, or expand infrastructure.
- Technical Updates: Replaces references to the "Act" with "section" in certain parts for accuracy.
Significant Changes to Existing Law
- Expands who can benefit: Previously limited to the holder transporting water without expansion; now explicitly includes actions on behalf of states, local governments, Indian Tribes, or public entities.
- Adds a formal 30-day notice process to the BLM, which was not previously specified in detail.
- Strengthens disclaimers: Explicitly states that the law does not waive federal compliance requirements or authorize infrastructure changes, reducing potential for misuse.
- These changes build on the 2020 Aquifer Recharge Flexibility Act, which first allowed limited flexibility for recharge on federal lands.
Potential Impacts
- Government Agencies: The BLM will handle more notices, potentially increasing administrative workload but streamlining approvals by avoiding full new permit processes. This supports federal water management goals in drought-prone areas.
- Citizens and Communities: Improves access to sustainable water practices, benefiting residents in water-scarce regions (e.g., the western U.S.) by facilitating groundwater replenishment, which could enhance water security for agriculture, drinking, and ecosystems.
- International Relations: Minimal direct impact, though it indirectly supports U.S. water conservation efforts that align with cross-border water treaties (e.g., with Mexico on the Colorado River).
- Overall, it promotes efficient use of existing infrastructure to combat aquifer depletion without major new federal spending or environmental disruptions.
Main Stakeholders Affected
- Holders of Rights-of-Way: Water districts, irrigation companies, or utilities with existing federal authorizations, who gain flexibility but must provide notices.
- States, Local Governments, Indian Tribes, and Public Entities: These can now more easily partner for recharge projects, aiding tribal water rights and local sustainability efforts.
- Federal Agencies: Primarily the BLM and Department of the Interior, responsible for oversight and ensuring uses align with public land policies.
- Environmental and Water Users: Farmers, urban water suppliers, and conservation groups, who may see improved groundwater management.
Notable Legal, Constitutional, or Political Implications
- Legal: Clarifies ambiguities in the original act, reducing litigation risks over what constitutes an "expansion" of use. Reinforces federal authority by maintaining notice and compliance requirements, without altering property rights or federal land sovereignty.
- Constitutional: No apparent conflicts; it operates within Congress's authority over public lands (under the Property Clause of the U.S. Constitution) and supports environmental stewardship without infringing on state water rights.
- Political: Encourages bipartisan water infrastructure priorities in arid states, potentially advancing broader climate resilience policies. It avoids controversial expansions by limiting to existing setups, minimizing opposition from environmental or fiscal conservatives.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Rep. Simpson, Michael K. [R-ID-2]
Recent Actions
- 2025-05-14: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
- 2025-05-13: Motion to reconsider laid on the table Agreed to without objection.
- 2025-05-13: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H1969)
- 2025-05-13: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H1969)
- 2025-05-13: DEBATE - The House proceeded with forty minutes of debate on H.R. 331.
- 2025-05-13: Considered under suspension of the rules. (consideration: CR H1969-1970)
- 2025-05-13: Mr. Westerman moved to suspend the rules and pass the bill, as amended.
- 2025-04-17: Placed on the Union Calendar, Calendar No. 37.
- 2025-04-17: Reported (Amended) by the Committee on Natural Resources. H. Rept. 119-60.
- 2025-04-17: Reported (Amended) by the Committee on Natural Resources. H. Rept. 119-60.
- 2025-02-12: Ordered to be Reported (Amended) by Unanimous Consent.
- 2025-02-12: Committee Consideration and Mark-up Session Held.
- 2025-02-12: Subcommittee on Water, Wildlife and Fisheries Discharged
- 2025-01-23: Subcommittee Hearings Held
- 2025-01-21: Referred to the Subcommittee on Water, Wildlife and Fisheries.
Bill Versions
- An Act To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes. — issued 2025-05-13 — PDF (6 pages)
- To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes. — issued 2025-01-13 — PDF (5 pages)
- An Act To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes. — issued 2025-05-14 — PDF (5 pages)
- To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes. — issued 2025-04-17 — PDF (8 pages)