This bill clarifies that existing infrastructure can be used for aquifer recharge without additional federal approval, provided it doesn't involve major expansion and the Bureau of Land Management is notified beforehand.
Russ Fulcher
Representative
ID-1
This bill amends the Aquifer Recharge Flexibility Act, allowing existing infrastructure to be used for aquifer recharge and water transport without additional federal approval, provided there is no major expansion or modification. It requires notification to the Bureau of Land Management before use, including details of the intended use and relevant agreements. The bill clarifies that it does not waive compliance with other federal laws or authorize new construction.
Aquifer Recharge Bill Clarifies Use of Existing Infrastructure, Sets 30-Day BLM Notice Rule
This bill tweaks the Aquifer Recharge Flexibility Act, aiming to make it clearer how existing water infrastructure—think canals, pipes, or ditches already in place—can be used to replenish underground aquifers. The main idea is to allow entities like state or local governments, Tribes, or those holding existing permits (rights-of-way) to use this infrastructure for moving water into aquifers without needing a brand-new federal green light, provided they aren't making major changes.
Using What's Already Built
The core change here is streamlining. If you hold a right-of-way, permit, or similar authorization (even old ones for ditches and canals granted before late 1976), or if you're acting for a public entity, you can use that existing setup for aquifer recharge. The key condition, as stated in the amendment, is that this use must not involve a "major expansion or modification" of the infrastructure. This could potentially speed up projects designed to store water underground, especially in areas dealing with water scarcity, by removing a bureaucratic step for using facilities already on the ground.
The Heads-Up Requirement
While it removes the need for new approval in many cases, the bill adds a notification step. Anyone planning to use existing infrastructure for aquifer recharge under this provision must give the Bureau of Land Management (BLM) at least 30 days' notice before starting. This notice needs to spell out the intended use, identify the specific right-of-way or permit involved, and include a copy of any agreement made with the state, local government, Tribe, or public entity involved. It’s essentially a formal heads-up to the federal land managers.
Setting the Boundaries
It's important to note what this bill doesn't do. It explicitly states that it doesn't let anyone bypass other existing federal laws or Bureau policies. Crucially, it also doesn't authorize the construction of new infrastructure or the modification or expansion of what's already there. The potential grey area lies in interpreting what constitutes a "major expansion or modification" – that distinction could become important in practice. Essentially, this is about using existing tools more flexibly for water storage, not about building new ones or making significant alterations without oversight.