# What This Bill Does: Making It Easier to Use Water Infrastructure for Underground Water Storage

This bill makes it simpler for states, tribes, and public agencies to use existing water pipes, ditches, and canals to pump water underground into aquifers—basically refilling underground water supplies. Right now, if someone wants to use an old irrigation ditch or pipeline for this purpose, they have to get special permission from the federal government and potentially pay new fees. This bill says they can use those existing structures without getting additional federal approval, as long as they give the Bureau of Land Management a 30-day notice explaining what they're doing.

The practical effect is that communities facing water shortages can more easily implement aquifer recharge projects. For example, if a state wants to capture excess water during wet years and store it underground for dry years, they can use existing infrastructure like old canal systems without getting tangled up in new bureaucratic approvals. They just need to notify the feds, provide details about their plan, and show they have an agreement with whoever owns or operates the water system. Most importantly, they won't have to pay additional rent or fees to the government for this use.

However, there are some important limits. If a private company wants to profit from aquifer recharge—like a water company selling stored water for profit—they still have to follow all the normal rules and pay fees. The bill also clarifies that this flexibility doesn't exempt anyone from environmental laws like the Clean Water Act or rules protecting endangered species. So while the bill removes red tape for public water storage projects, it keeps environmental protections in place and prevents private companies from getting a free pass.

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

Fulcher, Russ

This bill modifies the Aquifer Recharge Flexibility Act to expand provisions concerning authorizations (e.g., rights-of-way) to transport water across public land administered by the Bureau of Land Management (BLM) for aquifer recharge purposes.Under the Aquifer Recharge Flexibility Act, the holder of existing rights-of-way, easements, permits, or other authorizations to transport water across BLM land may transport the water for aquifer recharge purposes without additional authorization from the Department of the Interior so long as the use does not expand or modify the operation of such authorizations across public land.The bill allows the holders of such authorizations to act not only on behalf of themselves, but also on behalf of states, Indian Tribes, or public entities, to use the existing authorizations for aquifer recharge without additional authorization from the Department of the Interior. Further, the bill states that this use may not be considered an expansion, modification, major federal action, or substantial deviation.Additionally, the bill exempts holders from paying additional rents to the BLM for any use of such authorizations; however, the exemption does not apply to for-profit uses of aquifer recharge or for-profit entities.&nbsp;Finally, holders of rights-of-way or other authorizations must provide notice to the&nbsp;BLM of the intended use of authorization as specified by the bill.