HR 331: To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.

HR 331 in plain English: This bill amends the Aquifer Recharge Flexibility Act to make it easier to transport water across Bureau of Land Management (BLM) land for aquifer recharge purposes. It allows authorization holders to act on behalf of states, tribes, or public entities without seeking additional federal approval, exempts non-profit uses from additional BLM rent, and requires holders to notify BLM of their intended use.

Stated purpose

This bill amends the Aquifer Recharge Flexibility Act to clarify that holders of existing authorizations to transport water across federal public land may use those authorizations for aquifer recharge purposes on behalf of states, tribes, or public entities, without needing additional federal approval.

Key points

• Allows existing BLM authorization holders to transport water for aquifer recharge on behalf of states, Indian Tribes, or public entities without additional federal approval.
• Exempts holders from paying additional rent to BLM for aquifer recharge use, but the exemption does not apply to for-profit uses or for-profit entities.
• Clarifies that such water transport may not be considered an expansion, modification, major federal action, or substantial deviation.
• Requires authorization holders to notify BLM of their intended aquifer recharge use.

Arguments supporters make

• Aquifer recharge is critical in water-scarce western states, and removing bureaucratic hurdles lets states, tribes, and communities replenish groundwater supplies faster using infrastructure that already exists.
• Because the bill only covers existing authorizations and bans new construction or expansion, it poses little risk of environmental overreach while still making meaningful water management easier.
• Requiring 30-day notice to BLM keeps the federal government informed without burdening water managers with lengthy approval processes that delay time-sensitive recharge opportunities.

Arguments opponents make

• Exempting these uses from being considered a 'major federal action' could bypass environmental review requirements that exist to protect public lands and downstream water users.
• Relying on a simple notice rather than affirmative federal approval reduces BLM's ability to evaluate whether a specific recharge use is appropriate for a given parcel of public land.
• The line between non-profit and for-profit aquifer recharge may be difficult to enforce in practice, potentially allowing commercial interests to benefit from the rent exemption through partnerships with public entities.

Tradeoffs

Streamlining aquifer recharge on public lands may speed up groundwater replenishment and reduce costs for states and tribes, but it reduces federal oversight over how existing water infrastructure on public land is used and by whom.

Current status in Congress: Passed House.

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