H.R.331 - An Act To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes. (119th Congress)
Summary
H.R. 331 amends the Aquifer Recharge Flexibility Act to clarify provisions regarding conveyances for aquifer recharge purposes. The bill modifies subsection (c)(3) of the Act, outlining the conditions under which water can be transported for aquifer recharge using existing rights-of-way without additional authorization. It also requires notification to the Bureau of Land Management before such use.
Expected Effects
The bill will likely streamline the process for aquifer recharge projects by clarifying the rules for using existing rights-of-way. This could lead to more efficient water management and increased aquifer recharge. However, it also introduces a notification requirement to the Bureau of Land Management, which could add a layer of bureaucracy.
Potential Benefits
- Improved Water Management: Clarifies the process for aquifer recharge, potentially leading to better water resource management.
- Reduced Bureaucracy (Potentially): Aims to streamline the use of existing rights-of-way, reducing the need for additional authorizations.
- Support for State and Tribal Efforts: Allows states, political subdivisions, and Indian Tribes to use existing rights-of-way for aquifer recharge.
- Environmental Benefits: Increased aquifer recharge can improve water availability and ecosystem health.
- Flexibility: Provides flexibility in using existing infrastructure for water management.
Potential Disadvantages
- New Notification Requirement: Introduces a new requirement to notify the Bureau of Land Management, potentially creating additional administrative burden.
- Potential for Misinterpretation: The language regarding 'expansion, modification, or substantial deviation' could be subject to interpretation, leading to disputes.
- Limited Scope: The bill focuses specifically on aquifer recharge and may not address broader water management issues.
- Compliance Costs: While aiming to reduce bureaucracy, the notification requirement could impose compliance costs on holders of rights-of-way.
- Possible unintended consequences: Waiving compliance with all applicable Federal laws and policies of the Bureau could have unforeseen negative impacts.
Constitutional Alignment
The bill appears to align with the General Welfare Clause of the Constitution (Preamble), as it aims to improve water resource management, which can contribute to the well-being of communities. It also respects the role of states and Indian Tribes in managing their water resources, potentially aligning with principles of federalism. However, the specific powers granted to Congress to legislate on this matter are derived from the Property Clause (Article IV, Section 3, Clause 2), which gives Congress the power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).