Sec. 213. Flexibility to allow greater aquifer recharge

641 words·~3 min read·/bill/115/s/2563/is/section-213

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Secretary may enter into a contract for the purpose of aquifer recharge using water— released from any Reclamation facility or body of water as a result of flood control operations; and that is surplus to the needs of a Reclamation project. A contract under paragraph

(1)shall— give priority to recharge of a groundwater basin that is fully or partially underlying land authorized to be served by a Reclamation project; be under such terms and conditions as the Secretary determines are appropriate; provide that the intended use of water is aquifer recharge; comply with State law; and not be implemented in a manner that is detrimental to— an existing water contract or power service contract under the Reclamation project; or rights of prior appropriators under State law. Subject to paragraphs

(3)and (4), a holder of a water service or repayment contract for a Reclamation project may— directly use water available under the contract for aquifer recharge on eligible land; or enter into an agreement with an individual or entity to transfer water available under the contract for aquifer recharge on eligible land. The use of water for aquifer recharge under paragraph

(1)shall be considered an authorized purpose for the Reclamation project under the reclamation laws. The Secretary may modify an existing water contract described in paragraph

(1)if the Secretary determines that the modification is— necessary to allow for the use of water available under the contract for aquifer recharge under this subsection; in the best interest of the Reclamation project and the United States; and approved by the association of water users that is responsible for repaying the cost of construction, operations, and maintenance of the facility that delivers the water under the contract. The use or transfer of water for aquifer recharge under this subsection shall be subject to the requirements that— the use or transfer shall not be implemented in a manner that is detrimental to any water or power service for the Reclamation project; and before the use or transfer, the Secretary shall determine that the use or transfer— results in a net water storage benefit for the Reclamation project; or contributes to the recharge of a depleted aquifer on eligible land; and complies with State law. Section 3405 of the Central Valley Project Improvement Act ( Public Law 102–575 ; 106 Stat. 4709) shall not apply to the use or transfer of water for aquifer recharge under a contract described in subsection

(a)or this subsection. The Commissioner may allow the use of excess capacity in Bureau conveyance facilities for carriage of non-Reclamation project water for aquifer recharge, on the condition that— the use— shall not be implemented in a manner that is detrimental to any water or power service for the Reclamation project; shall be consistent with existing water quality guidelines for the Reclamation project; and shall comply with State law; and 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 subsection. Nothing in this subsection affects a contract— in effect on the date of enactment of this Act; and under which the use of excess capacity in a Bureau conveyance facility for carriage of non-Reclamation project water for aquifer recharge is allowed. Amounts derived under this section by the Secretary shall be— deposited in the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093); and credited to the Reclamation project from which the water is supplied. To the extent consistent with State law, in-lieu recharge may be carried out under this section. This section supplements and amends the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act ( 43 U.S.C. 371 et seq.).

Connectionstraces to 2

Traces to 2 documents

statutes-at-large