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Changes the eligibility rules for water storage projects to receive grants under the Infrastructure Investment and Jobs Act by requiring projects to meet one of two size tests for storage or recharge. It also adds a clear protection that these changes do not alter or authorize federal acquisition of water, and do not affect existing water rights, treaties, or compacts. The first provision narrows which projects qualify by setting minimum and maximum storage or average annual recharge thresholds. The second provision explicitly preserves existing state, tribal, and private water rights and federal treaty/compact obligations, and states that the amendment does not allow the Federal Government to take or acquire water.
Amend Subparagraph (B) of section 40903(b)(1) of the Infrastructure Investment and Jobs Act to define the projects eligible for grants under that section. The amendment replaces the existing text of subparagraph (B) with a new list of eligible projects.
General acre-feet capacity test: A project is eligible if it has water storage capacity of not less than 200 acre-feet and not more than 30,000 acre-feet.
Average annual project-life acre-feet capacity test: A project is eligible if it has water storage capacity of recharges of not less than 200 acre-feet and not more than 150,000 acre-feet on an average annual basis over the life of the project for storage or use.
Amend section 40903(e) of the Infrastructure Investment and Jobs Act by striking and inserting (replacement text not shown in this excerpt).
The amendment made by Section 2 may not be read to supersede, affect, or conflict with State water law, Federal water law, interstate compacts, or treaty obligations.
Who is affected and how:
Project sponsors and applicants: Entities proposing water storage or groundwater recharge projects (local governments, irrigation districts, water districts, tribes, private developers) will need to demonstrate that projects meet one of the two size tests to be eligible for grants under the referenced IIJA authority. Projects outside the specified size ranges may no longer qualify.
Grant administrators and evaluators: Federal or State grant administrators must apply the new capacity/recharge thresholds when reviewing applications and awarding grants, and update guidance and application materials accordingly.
Public water systems and local communities: Communities planning or relying on smaller or very large storage projects may find some proposals ineligible for federal grant support, which could change project financing, timelines, or design decisions.
Tribal communities and states: Tribal governments and State agencies proposing projects must account for the new thresholds; the text expressly preserves Tribal and State water rights and treaty/compact obligations, reducing legal risk that grant-related changes would impair existing rights.
Environmental and agricultural stakeholders: Changes in which projects receive federal support may shift which types of storage or recharge projects are advanced (e.g., medium-scale vs. very large projects), affecting local water availability, recharge strategies, and related environmental reviews.
Legal and policy safeguards:
Overall effect:
Expand sections to see detailed analysis
Referred to the House Committee on Natural Resources.
Introduced January 13, 2025 by Jim Costa · Last progress January 13, 2025
Subcommittee Hearings Held
Referred to the Subcommittee on Water, Wildlife and Fisheries.
Referred to the House Committee on Natural Resources.
Introduced in House