,i #aafth ,,congress #ast ,session ,h4 ,r4 #bhga ,,in ,,the ,,house ,,of ,,representatives ,may #ba1 #bjai,mr4 ,fulcher introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to provide flexibility to allow greater aquifer recharge1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,aquifer ,recharge ,flexibility ,act4 #b4 ,flexibility to allow greater aquifer recharge in western states 7a7 ,definitions ,in this ,act3 7#a7 ,bureau ,the term ,bureau means the ,bureau of ,reclamation4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of the ,bureau4 7#c7 ,eligible land ,the term eligible land1 with respect to a ,reclamation project1 means land that-- 7,a7 is authorized to receive water under ,state law2 and 7,b7 shares a groundwater source with land located in the service area of the ,reclamation project4 7#d7 ,in-lieu recharge ,the term in-lieu recharge means the use of surface water instead of pumped groundwater if that use of surface water will cause the direct reduction or elimination of groundwater withdrawals4 7#e7 ,net water storage benefit ,the term net water storage benefit means an increase in the volume of water that is-- 7,a7 stored in one or more aquifers2 and 7,b7 7i7 available for use within the area served by a ,reclamation project2 or 7ii7 stored on a long-term basis to avoid or reduce groundwater overdraft4 7#f7 ,reclamation facility ,the term ,reclamation facility means each of the infrastructure assets that are owned by the ,bureau at a ,reclamation project4 7#g7 ,reclamation project ,the term ,reclamation project means any reclamation or irrigation project1 including incidental features thereof1 authorized by ,federal reclamation law1 or constructed by the ,united ,states pursuant to such law1 or in connection with which there is a repayment or water service contract executed by the ,united ,states pursuant to such law1 or any project constructed by the ,secretary through the ,bureau of ,reclamation for the reclamation of land4 7#h7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,use of bureau facilities 7#a7 ,in general ,the ,commissioner may allow the use of excess capacity in ,bureau conveyance facilities for carriage of non-,reclamation project water for aquifer recharge1 subject to applicable rates1 charges1 and public participation requirements1 on the condition that-- 7,a7 the use-- 7i7 shall not be implemented in a manner that is detrimental to-- 7,i7 any water or power service contract for the ,reclamation project2 or 7,,ii7 any existing obligations for fish1 wildlife1 or water quality protection2 7ii7 shall be consistent with existing water quality guidelines for the ,reclamation project2 and 7iii7 shall comply with all applicable ,federal and ,state law and policies of the ,bureau of ,reclamation2 and 7,b7 the non-,federal party to an existing contract for water or water capacity in a ,reclamation facility shall consent to the use of the ,reclamation facility under this subsection4 7#b7 ,effect on existing contracts ,nothing in this subsection affects a contract-- 7,a7 in effect on the date of enactment of this ,act2 and 7,b7 under which the use of excess capacity in a ,bureau conveyance facility for carriage of non-,reclamation project water for aquifer recharge is allowed4 7c7 ,aquifer recharge on eligible land 7#a7 ,in general ,subject to paragraphs 7#c7 and 7#d71 a holder of a water service or repayment contract for a ,reclamation project may-- 7,a7 directly use water available under the contract for aquifer recharge on eligible land2 or 7,b7 enter into an agreement with an individual or entity to transfer water available under the contract for aquifer recharge on eligible land4 7#b7 ,authorized project use ,notwithstanding any other provision of law1 the use of water for aquifer recharge under paragraph 7#a7 shall be considered an authorized use for the ,reclamation project under the reclamation laws4 7#c7 ,modifications to contracts ,the ,secretary may modify an existing water contract described in paragraph 7#a7 if the ,secretary determines that the modification is-- 7,a7 necessary to allow for the use of water available under the contract for aquifer recharge under this subsection2 7,b7 in the best interest of the ,reclamation project and the ,united ,states2 and 7,c7 approved by the association of water users that is responsible for repaying the cost of construction1 operations1 and maintenance of the facility that delivers the water under the contract4 7#d7 ,requirements ,the use or transfer of water for aquifer recharge under this subsection shall be subject to the requirements that-- 7,a7 the use or transfer shall not be implemented in a manner that is detrimental to any water or power service for the ,reclamation project2 and 7,b7 before the use or transfer1 the ,secretary shall determine that the use or transfer-- 7i7 7,i7 results in a net water storage benefit for the ,reclamation project2 or 7,,ii7 contributes to the recharge of a depleted aquifer on eligible land2 and 7ii7 complies with all applicable ,federal and ,state laws and policies4 7d7 ,in-,lieu recharge ,to the extent consistent with ,state laws and policies1 in-lieu recharge may be carried out under this ,act4 7e7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,secretary should encourage the use of public land administered by the ,bureau of ,land ,management for aquifer recharge1 where appropriate1 consistent with-- 7,a7 the existing grant of right-of-way2 7,b7 as applicable1 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 and 7,c7 applicable land and resource management plans2 and 7#b7 the ,secretary should consider whether aquifer recharge may be appropriate in certain areas of critical environmental concern1 if aquifer recharge-- 7,a7 would enhance the values for which the area of critical environmental concern has been designated2 and 7,b7 is consistent with the management requirements for the area of critical environmental concern4 7f7 ,conveyance for aquifer recharge purposes ,the holder of a right-of-way1 easement1 permit1 or other authorization to transport water across public land administered by the ,bureau of ,land ,management is authorized to transport water for aquifer recharge purposes1 including outside of the regular period of use1 without requiring additional authorization from the ,secretary where the use does not expand or interfere with the operation of the right-of-way1 easement1 permit1 or other authorization across public land4 7g7 ,exemption ,this ,act shall not apply to the ,state of ,california4