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A bill to amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.
To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.
Summary
- Allows holders of existing rights-of-way, easements, permits, or other authorizations to use them for aquifer recharge purposes without requiring additional authorization from the Secretary of the Interior.
- Clarifies that using existing authorizations for aquifer recharge does not count as an expansion, modification, major Federal action, or substantial deviation of the original use.
- Requires 30 days' notice to the Bureau of Land Management before using an existing authorization for aquifer recharge, including identification of the entity using it and details on intended use.
- Exempts non-profit uses of existing authorizations for aquifer recharge from additional rent payments to the Bureau of Land Management, though for-profit uses and entities remain subject to rent payments.
- Clarifies that the amendments do not waive obligations under the Federal Water Pollution Control Act, Endangered Species Act, or Wild and Scenic Rivers Act, or provide authority to construct or expand infrastructure.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
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Sen. Risch, James E. (R-ID)
1 cosponsor
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Sen. Crapo, Mike (R-ID)
Money behind the sponsor
Top reported contributors to James E. Risch’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.
- ALPHA SERVICES LLC $10,000
- 1ST FINANCIAL BANK USA $6,600
- CIVIC SERVICE INC. $6,600
- SINCLAIR COMPANIES $6,600
- SOROBAN CAPITAL PARTNERS LP $6,600
Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for James E. Risch → · Outside spending →
Actions (3)
- Sep 30, 2026 Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably. · senate
- Apr 2, 2025 Read twice and referred to the Committee on Energy and Natural Resources. · senate
- Apr 2, 2025 Introduced in Senate
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Text versions (1)
Bills are re-published as they move (Introduced → Reported → Engrossed → Enrolled …). Each stage below is a separate text; pick two to see what changed. Data from Congress.gov.
Committee action
What happened to this bill in committee — the meetings where it was considered and every recorded vote taken on it.
Meetings where this bill was on the agenda
Full text
IN THE SENATE OF THE UNITED STATES
April 2, 2025
Mr. Risch (for himself and Mr. Crapo) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. CONVEYANCE FOR AQUIFER RECHARGE PURPOSES.
(a) In General.—Subsection (c)(3) of the Aquifer Recharge Flexibility Act (43 U.S.C. 390g-9) is amended—
(1) by striking “The holder” and inserting the following:
“(A) In general.—The holder”;
(2) in subparagraph (A) (as so designated), by striking “may transport water for aquifer recharge purposes without requiring additional authorization from the Secretary where the use does not expand or modify the operation” and inserting “may, acting for the holder or on behalf of a State, political subdivision of a State, Indian Tribe, or public entity and subject to subparagraphs (B) and (C), use the existing right- of-way, easement, permit, or other authorization for the purpose of aquifer recharge and the transport and use of water rights for aquifer recharge without requiring additional authorization from the Secretary, which use shall not be considered an expansion, modification, major Federal action, or substantial deviation”; and
(3) by adding at the end the following:
“(B) Notice required.—
“(i) In general.—Not less than 30 days before using an existing right-of-way, easement, permit, or other authorization for the purpose of aquifer recharge under subparagraph (A), the holder of the right-of- way, easement, permit, or other authorization shall submit to the Bureau of Land Management notice of the intended use, in accordance with clause (ii).
“(ii) Requirements.—A notice submitted under clause (i) shall—
“(I) identify the State, political subdivision of the State, Indian Tribe, or public entity intending to use the existing right-of-way, easement, permit, or other authorization for the purpose of aquifer recharge;
“(II) identify 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;
“(III) provide details on the intended use and scope of use for the purpose of aquifer recharge of the existing right-of-way, easement, permit, or other authorization; and
“(IV) provide a copy of the agreement between the State, political subdivision of the State, Indian Tribe, or public entity and the holder of the right-of-way, easement, permit, or other authorization to use the existing right-of-way, easement, permit, or other authorization for the purpose of aquifer recharge.
“(C) Exemption from payment of additional rent.—
“(i) In general.—Except as provided in clause (ii), any use of an existing right-of- way, easement, permit, or other authorization for the purpose of aquifer recharge under subparagraph (A) shall be exempt from the payment of additional rent to the Bureau of Land Management.
“(ii) For-profit uses and entities.— Clause (i) shall not apply to—
“(I) any for-profit uses of aquifer recharge; or
“(II) any for-profit entities.”.
(b) Effect.—Subsection (c)(4) of the Aquifer Recharge Flexibility Act (43 U.S.C. 390g-9) is amended—
(1) by striking “Act creates” and inserting “section—
“(A) creates”;
(2) in subparagraph (A) (as so designated), by striking the period at the end and inserting a semicolon; and
(3) by adding at the end of the following:
“(B) waives the obligation of the holder of a right-of-way, easement, permit, or other authorization described in paragraph (3)(A) to comply with—
“(i) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
“(ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
“(iii) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); or
“(C) provides authority to construct, modify, or expand any existing infrastructure covered under paragraph (3).”.
(c) Technical Amendments.—The Aquifer Recharge Flexibility Act (43 U.S.C. 390g-9) is amended—
(1) in subsection (b), in the matter preceding paragraph
(1), by striking “Act” and inserting “section”; and
(2) in subsection (c)(5), by striking “Act” and inserting “section”. <all>
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