H.R. 331 – To amend the Aquifer Recharge Flexibility Act to clarify a provision relating t…

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Updated November 24, 2025 at 3:38 AM UTC

This bill amends the Aquifer Recharge Flexibility Act to clarify how existing rights‑of‑way, easements, permits, or similar authorizations can be used for aquifer recharge. It lets holders—or states, tribes, and public entities acting for them—use those authorities without extra Secretary approval, adds a 30‑day notice requirement to the BLM, waives certain federal compliance obligations, and authorizes modifications to existing infrastructure. The changes affect water‑rights holders, state and tribal governments, and other public entities involved in aquifer recharge projects.

Key Provisions

Allows the holder of a right‑of‑way, easement, permit, or other authorization—or a state, tribe, political subdivision, or public entity acting for them—to use that existing authority for aquifer recharge without needing additional Secretary approval, and treats such use as not an expansion or modification.
Requires the holder to give the Bureau of Land Management at least 30 days’ notice before using the existing authority for recharge, including identification of the user, the specific right‑of‑way or easement, details of the intended use, and a copy of the agreement with the user.
Waives the holder’s obligation to comply with all applicable federal laws and Bureau of Land Management policies when using the existing authority for aquifer recharge.
Provides authority to construct, modify, or expand any existing infrastructure covered under the specified subsection of the Aquifer Recharge Flexibility Act.
Makes minor technical edits to replace the word “Act” with “section” in the cited law.

Legislative Activity

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15 earlier actions

SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

Energy and Natural Resources Committee

May 14, 2025

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HouseIntro Referral

Introduced in House

January 13, 2025

HouseIntro Referral

Referred to the House Committee on Natural Resources.

Natural Resources Committee

January 13, 2025

HouseCommittee

Referred to the Subcommittee on Water, Wildlife and Fisheries.

Water, Wildlife and Fisheries Subcommittee

January 21, 2025

HouseCommittee

Subcommittee Hearings Held

Water, Wildlife and Fisheries Subcommittee

January 23, 2025

HouseCommittee

Subcommittee on Water, Wildlife and Fisheries Discharged

Natural Resources Committee

February 12, 2025

HouseCommittee

Committee Consideration and Mark-up Session Held.

Natural Resources Committee

February 12, 2025

HouseCommittee

Ordered to be Reported (Amended) by Unanimous Consent.

Natural Resources Committee

February 12, 2025

HouseCommittee

Reported (Amended) by the Committee on Natural Resources. H. Rept. 119-60.

Natural Resources Committee

April 17, 2025

HouseCalendars

Placed on the Union Calendar, Calendar No. 37.

April 17, 2025

HouseFloor

Mr. Westerman moved to suspend the rules and pass the bill, as amended.

May 13, 2025 • 4:19 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H1969-1970)

May 13, 2025 • 4:19 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 331.

May 13, 2025 • 4:19 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H1969)

May 13, 2025 • 4:23 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H1969)

May 13, 2025 • 4:23 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

May 13, 2025 • 4:23 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

Energy and Natural Resources Committee

May 14, 2025

Floor Debate

2 members

What members said about H.R. 331 on the floor

1 Republican1 Democrat

Rep. Bruce WestermanR-AR-4 · May 13, 2025

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 331) to amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes, as…

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 331) to amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes, as amended.

Mr. Speaker, I ask unanimous consent that all Members be given 5 legislative days to revise and extend their remarks and to include extraneous material on H.R. 331, the bill now under consideration.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in support of H.R. 331, sponsored by Congressman Fulcher. In 2020, Congress passed the Aquifer Recharge Flexibility Act. The intent of that law was simple. It allowed existing irrigation canals to be used for conveying aquifer recharge water without requiring additional authorization from the Federal Government.

Unfortunately, the implementation of this law has been bogged down by bureaucratic red tape. Despite the plain wording of the law, the Bureau of Land Management has asserted that the law does not apply to third parties, only to the right-of-way holders of record.

As such, H.R. 331 amends the Aquifer Recharge Flexibility Act to further clarify that an existing right-of-way, easement, permit, or other authorization can be used to recharge aquifers on behalf of State, Tribal, and local governments, without getting additional authorization or paying additional rents.

The aquifer recharge and storage are already complicated matters that depend on a variety of natural characteristics, including soil type and underlying geology, which influence water retention and the ability to recover stored water. There is no need for the Federal Government to add further complexity to this important work.

Mr. Speaker, I support the bill, and I reserve the balance of my time.

Mr. Speaker, out West, the development of an aquifer recharge program generally includes using existing irrigation canals and ditches to seep and percolate water into the aquifer. Much of this infrastructure crosses land owned by the Bureau of Land Management, requiring additional authorization for aquifer recharge activities, even when conducted on behalf of public entities. Cutting red tape for such activities is simply common sense.

Mr. Speaker, I urge my colleagues to support this legislation, and I yield back the balance of my time.

Rep. Val T. HoyleD-OR-4 · May 13, 2025

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 331 would amend the Aquifer Recharge Flexibility Act to allow third parties to utilize an existing right-of-way, easement,…

Bill Text

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Referred in SenateIssued May 14, 2025

IIB

119th CONGRESS

1st Session

H. R. 331

IN THE SENATE OF THE UNITED STATES

May 14, 2025

Received; read twice and referred to the Committee on Energy and Natural Resources

AN ACT

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

1.

Conveyance for aquifer recharge purposes

(a)

In general

Subsection (c)(3) of the Aquifer Recharge Flexibility Act (43 U.S.C. 390g–9) is amended—

(1)

by striking The holder and inserting the following:

(A)

In general

The holder

;

(2)

in subparagraph (A) (as so designated), by striking may transport water for aquifer recharge purposes without requiring additional authorization from the Secretary where the use does not expand or modify the operation and inserting may, acting for the holder or on behalf of a State, political subdivision of a State, Indian Tribe, or public entity and subject to subparagraphs (B) and (C), use the existing right-of-way, easement, permit, or other authorization for the purpose of aquifer recharge and the transport and use of water rights for aquifer recharge without requiring additional authorization from the Secretary, which use shall not be considered an expansion, modification, or substantial deviation; and

(3)

by adding at the end the following:

(B)

Notice required

(i)

In general

Not less than 30 days before using an existing right-of-way, easement, permit, or other authorization for the purpose of aquifer recharge under subparagraph (A), the holder of the right-of-way, easement, permit, or other authorization shall submit to the Bureau of Land Management notice of the intended use, in accordance with clause (ii).

(ii)

Requirements

A notice submitted under clause (i) shall—

(I)

identify the State, political subdivision of the State, Indian Tribe, or public entity intending to use the existing right-of-way, easement, permit, or other authorization for the purpose of aquifer recharge;

(II)

identify the existing right-of-way, easement, permit, other authorization, or recognized authorized use for ditches and canals constructed on public land before or on October 21, 1976, under the authority of sections 2339 and 2340 of the Revised Statutes (43 U.S.C. 661) intended to be used;

(III)

provide details on the intended use and scope of use for the purpose of aquifer recharge of the existing right-of-way, easement, permit, or other authorization; and

(IV)

provide a copy of the agreement between the State, political subdivision of the State, Indian Tribe, or public entity and the holder of the right-of-way, easement, permit, or other authorization to use the existing right-of-way, easement, permit, or other authorization for the purpose of aquifer recharge.

.

(b)

Effect

Subsection (c)(4) of the Aquifer Recharge Flexibility Act (43 U.S.C. 390g–9) is amended—

(1)

by striking Act creates and inserting

section—

(A)

creates

;

(2)

in subparagraph (A) (as so designated), by striking the period at the end and inserting a semicolon; and

(3)

by adding at the end of the following:

(B)

waives the obligation of the holder of a right-of-way, easement, permit, or other authorization described in paragraph (3)(A) to comply with all applicable—

(i)

Federal laws; and

(ii)

policies of the Bureau; or

(C)

provides authority to construct, modify, or expand any existing infrastructure covered under subsection (c)(3).

.

(c)

Technical amendments

The Aquifer Recharge Flexibility Act (43 U.S.C. 390g–9) is amended in each of subsections (a) and (c)(5) by striking Act each place it appears and inserting section.

Passed the House of Representatives May 13, 2025.

Kevin F. McCumber,

Clerk.