43 U.S.C. § 390g–9 — Aquifer recharge flexibility

(a) Short title: This section can be called the "Aquifer Recharge Flexibility Act."
(b) Definitions:
(1) "Bureau" means the Bureau of Reclamation.
(2) "Commissioner" means the Commissioner of Reclamation.
(3) "Eligible land" means land tied to a Reclamation project that (A) is allowed to get water under state law, and (B) shares an aquifer with land inside the Reclamation project's service area.
(4) "Net water storage benefit" means an increase in water volume that is (A) stored in one or more aquifers, and (B) either (i) available for use inside the Reclamation project's authorized service area, or (ii) stored long-term to avoid or cut groundwater overdraft.
(5) "Reclamation facility" means the infrastructure the Bureau owns at a Reclamation project.
(6) "Reclamation project" means an irrigation or reclamation project (including its incidental features) authorized under federal reclamation law or the 1939 Water Conservation and Utilization Act, or built by the United States under that law, or covered by a repayment or water-service contract the United States signed under that law, or any land-reclamation project the Secretary built through the Bureau.
(c) Flexibility to allow greater aquifer recharge in Western States:
(1) Use of Reclamation facilities. (A) In general: The Commissioner may let excess capacity in Reclamation facilities be used to recharge aquifers with water that isn't Reclamation project water. This is subject to normal rates, charges, and public participation rules, and two conditions must be met: (i) the use must not (I) hurt any power-service or water contract for the Reclamation project, or hurt any obligations to protect fish, wildlife, or water quality for the project; must (II) match the project's water-quality guidelines; must (III) follow all applicable federal laws and Bureau policies; and must (IV) follow all applicable state laws and policies; and (ii) any non-federal party with an existing contract for water or capacity in the facility must agree to the new use. (B) Effect on existing contracts: Nothing here changes a contract that (i) was in effect on December 27, 2020, and (ii) already allows non-Reclamation-project water to use excess capacity in a Bureau facility for aquifer recharge.
(2) Aquifer recharge on eligible land. (A) In general: Subject to (C) and (D) below, the Secretary may contract with someone holding a water-service or repayment contract for a Reclamation project, letting that contractor, following state law, either (i) directly use their contract water for aquifer recharge on eligible land, or (ii) transfer that water to someone else for aquifer recharge on eligible land. (B) Authorized project use: Using a Reclamation facility this way counts as an authorized use for the project, if a contract holder asks for it. (C) Modifications to contracts: The Secretary may sign or amend a contract under (A) only if the Secretary decides doing so is (i) necessary to allow the aquifer-recharge use, (ii) in the best interest of the project and the United States, and (iii) approved by the contractor responsible for repaying the facility's construction, operation, and maintenance costs. (D) Requirements: Using Reclamation facilities to move or use water for aquifer recharge under this part requires that (i) the use or transfer not materially hurt any power-service or water contract for the project; (ii) before it happens, the Secretary finds it either (I) produces a "net water storage benefit" for the project, or (II) helps recharge an aquifer on eligible land; and (iii) it follows all applicable (I) federal laws and policies, and (II) interstate water compacts.
(3) Conveyance for aquifer recharge purposes: Someone who holds a right-of-way, easement, permit, or other authorization to move water across Bureau of Land Management public land may carry water for aquifer recharge without extra authorization, as long as this doesn't expand or change how that right-of-way, easement, or permit works.
(4) Effect: Nothing in this section creates, weakens, changes, or overrides any federal or state water right.
(5) Exemption: This section does not apply to the State of California.
(6) Advisory group: The Secretary may join any state-led, multi-stakeholder advisory group set up in a watershed to monitor, review, and assess aquifer recharge activities.