S. 1254: To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.

This bill seeks to amend the Aquifer Recharge Flexibility Act, which regulates how water can be transported and used for aquifer recharge. The main changes introduced by this bill are as follows:

Conveyance for Aquifer Recharge Purposes

• The language is modified to allow existing rights, easements, permits, or authorizations held by states, local governments, Indian Tribes, or public entities to be used for aquifer recharge without needing additional approval from the Secretary of the Interior. This includes the ability to transport water for aquifer recharge purposes.
• The bill requires that at least 30 days before any intended use of existing rights-of-way or permits for aquifer recharge, the holder must notify the Bureau of Land Management. This notice must include:
  • The identity of the state, local government, Indian Tribe, or public entity that will use the existing rights.
  • Details on the specific rights, easements, or permits being used, especially those associated with pre-existing ditches or canals.
  • A description of how the existing authorization will be used for aquifer recharge, including the scope of this use.
  • A copy of the agreement between the state, local government, Indian Tribe, or public entity and the holder of the right-of-way.
• The bill clarifies that certain uses of rights or permits for aquifer recharge are exempt from paying additional rent to the Bureau of Land Management, with exceptions for for-profit entities.

Effect of Changes

• The bill also proposes changes to eliminate compliance obligations for holders of rights-of-way concerning several federal environmental laws, including:
  • The Federal Water Pollution Control Act
  • The Endangered Species Act
  • The Wild and Scenic Rivers Act
• Additionally, it allows for the construction, modification, or expansion of existing infrastructure for aquifer recharge purposes under the amended provisions.

Technical Amendments

The bill includes technical amendments that refine the language in the Aquifer Recharge Flexibility Act for clarity.

Relevant Companies

• WTRG - Essential Utilities Inc.: This company operates in water and wastewater services and may be directly impacted by changes in regulations regarding water rights and aquifer recharge, as they manage water resources in various jurisdictions.
• AWR - American States Water Company: Similar to Essential Utilities, this company provides water services and could be affected by changes in how water can be transported and used for recharge.