43 U.S.C. § 390h–2 — Feasibility studies

(a) General authority; federal and non-federal cost shares: The Secretary may work with federal, state, regional, and local authorities on studies to test whether water reclamation and reuse projects, recommended for study under section 390h–1, are workable. The federal share of these feasibility studies cannot exceed 50 percent of the total — except the Secretary can raise the federal share if the non-federal participant proves financial hardship and cannot afford at least 50 percent. The Secretary may count in-kind services from the non-federal participant as part of its cost share, if the Secretary decides those services will substantially help complete the study. (b) Federal share considered project costs; reimbursement: The federal share of feasibility studies — including those in sections 390h–4 and 390h–6 through 390h–8 — counts as project costs and gets reimbursed under federal reclamation law, if the studied project is actually built. (c) Matters to be considered: Besides what other federal laws require, feasibility studies by the Secretary or a non-federal project sponsor must consider, among other things: (1) near- and long-term water demand and supply in the study area; (2) all potential uses for reclaimed water; (3) at least two alternative methods or technologies for reclaiming, distributing, and reusing water for the project; (4) public health and environmental quality issues tied to using reclaimed water; (5) whether the reclamation and reuse measures being studied would (A) reduce, delay, or eliminate the need for new or bigger water supplies, (B) reduce or eliminate existing diversions from natural waterways or withdrawals from aquifers, or (C) reduce demand on existing federal water supply facilities; (6) the market or dedicated use for reclaimed water in the project's service area; and (7) whether the non-federal project sponsor can afford to pay its share of construction costs each year.