43 U.S.C. § 390g-9
This section may be cited as the "Aquifer Recharge Flexibility Act".
In this section:
The term "Bureau" means the Bureau of Reclamation.
The term "Commissioner" means the Commissioner of Reclamation.
The term "eligible land", with respect to a Reclamation project, means land that-
The term "net water storage benefit" means an increase in the volume of water that is-
The term "Reclamation facility" means each of the infrastructure assets that are owned by the Bureau at a Reclamation project.
The term "Reclamation project" means any reclamation or irrigation project, including incidental features thereof, authorized by Federal reclamation law or the Act of August 11, 1939 (commonly known as the "Water Conservation and Utilization Act") (53 Stat. 1418, chapter 717; 16 U.S.C. 590y et seq.), or constructed by the United States pursuant to such law, or in connection with which there is a repayment or water service contract executed by the United States pursuant to such law, or any project constructed by the Secretary through the Bureau for the reclamation of land.
The Commissioner may allow the use of excess capacity in Reclamation facilities for aquifer recharge of non-Reclamation project water, subject to applicable rates, charges, and public participation requirements, on the condition that-
Nothing in this subsection affects a contract-
Subject to subparagraphs (C) and (D), the Secretary may contract with a holder of a water service or repayment contract for a Reclamation project to allow the contractor, in accordance with applicable State laws and policies-
The use of a Reclamation facility for aquifer recharge under subparagraph (A) shall be considered an authorized use for the Reclamation project if requested by a holder of a water service or repayment contract for the Reclamation facility.
The Secretary may contract with a holder of a water service or repayment contract for a Reclamation project under subparagraph (A) if the Secretary determines that a new contract or contract amendment described in that subparagraph is-
The use of Reclamation facilities for the use or transfer of water for aquifer recharge under this subsection shall be subject to the requirements that-
The holder of a right-of-way, easement, permit, or other authorization to transport water across public land administered by the Bureau of Land Management may transport water for aquifer recharge purposes without requiring additional authorization from the Secretary where the use does not expand or modify the operation of the right-of-way, easement, permit, or other authorization across public land.
Nothing in this section creates, impairs, alters, or supersedes a Federal or State water right.
This section shall not apply to the State of California.
The Secretary may participate in any State-led collaborative, multi-stakeholder advisory group created in any watershed the purpose of which is to monitor, review, and assess aquifer recharge activities.
43 U.S.C. § 390g-9
REFERENCES IN TEXTThis section, referred to in subsecs. (b) and (c)(4), (5), was in the original "this Act", which was translated as meaning section 1105 of Pub. L. 116-260 div. FF, title XI, Dec. 27, 2020, 134 Stat. 3237, to reflect the probable intent of Congress.Act of August 11, 1939, referred to in subsec. (b)(6), is act Aug. 11, 1939, ch. 717, 53 Stat. 1418, popularly known as the Water Conservation and Utilization Act, which is classified generally to subchapter II (§590y et seq.) of chapter 3C of Title 16, Conservation. For complete classification of this Act to the Code, see Tables.
DEFINITIONSFor definition of "Secretary" as used in this section, see section 1115 of div. FF of Pub. L. 116-260 set out as a note under section 2330c of Title 33, Navigation and Navigable Waters.