43 U.S.C. § 390g: Aquifer recharge flexibility

This section may be cited as the “Aquifer Recharge Flexibility Act”. The term “Bureau” means the Bureau of Reclamation. The term “Commissioner” means the Commissioner of Reclamation. is authorized to receive water under State law; and shares an aquifer with land located in the service area of the Reclamation project. stored in 1 or more aquifers; and available for use within the authorized service area of a Reclamation project; or stored on a long-term basis to avoid or reduce groundwater overdraft. The term “Reclamation facility” means each of the infrastructure assets that are owned by the Bureau at a Reclamation project. The term “Reclamation project” means any reclamation or irrigation project, including incidental features thereof, authorized by Federal reclamation law or the Act of August 11, 1939 (commonly known as the “Water Conservation and Utilization Act”) ( 53 Stat. 1418 , chapter 717; 16 U.S.C. 590y et seq.), or constructed by the United States pursuant to such law, or in connection with which there is a repayment or water service contract executed by the United States pursuant to such law, or any project constructed by the Secretary through the Bureau for the reclamation of land. any power service or water contract for the Reclamation project; or any obligations for fish, wildlife, or water quality protection applicable to the Reclamation project; shall be consistent with water quality guidelines for the Reclamation project; Federal laws; and policies of the Bureau; and shall comply with all applicable State laws and policies; and the non-Federal party to an existing contract for water or water capacity in a Reclamation facility consents to the use of the Reclamation facility under this subsection. in effect on December 27, 2020 ; and under which the use of excess capacity in a Bureau conveyance facility for carriage of non-Reclamation project water for aquifer recharge is allowed. to directly use water available under the contract for aquifer recharge on eligible land; or to enter into an agreement with an individual or entity to transfer water available under the contract for aquifer recharge on eligible land. The use of a Reclamation facility for aquifer recharge under subparagraph (A) shall be considered an authorized use for the Reclamation project if requested by a holder of a water service or repayment contract for the Reclamation facility. necessary to allow for the use of water available under the contract for aquifer recharge under this subsection; in the best interest of the Reclamation project and the United States; and approved by the contractor that is responsible for repaying the cost of construction, operations, and maintenance of the facility that delivers the water under the contract. the use or transfer shall not be implemented in a manner that materially impacts any power service or water contract for the Reclamation project; and results in a net water storage benefit for the Reclamation project; or contributes to the recharge of an aquifer on eligible land; and Federal laws and policies; and interstate water compacts. The holder of a right-of-way, easement, permit, or other authorization to transport water across public land administered by the Bureau of Land Management may transport water for aquifer recharge purposes without requiring additional authorization from the Secretary where the use does not expand or modify the operation of the right-of-way, easement, permit, or other authorization across public land. Nothing in this section creates, impairs, alters, or supersedes a Federal or State water right. This section shall not apply to the State of California. The Secretary may participate in any State-led collaborative, multi-stakeholder advisory group created in any watershed the purpose of which is to monitor, review, and assess aquifer recharge activities.