Sponsors (2)
The bill expands opportunities for clean hydropower and clarifies federal oversight to speed projects, but it risks increased competition for scarce water resources, possible new costs for local operators, reduced local control, and short-term legal uncertainty.
Utilities and energy companies (and consumers indirectly) gain access to pursue new clean hydropower projects across all Bureau of Reclamation facilities, increasing potential renewable electricity supply.
Project developers, utilities, and state governments get clearer regulatory rules and jurisdictional pathways — FERC authorizations can remain valid until inactive and may be renewed, and Reclamation can assume oversight when authorizations lapse — reducing regulatory uncertainty and simplifying site management.
Local governments and operators obtain clearer definitions of facility types and roles (e.g., 'reserved works facility' and 'transferred works facility'), which clarifies operations and maintenance responsibilities and can improve infrastructure management.
Municipal water systems and irrigation users could face increased competition for limited water supplies as more hydropower projects are authorized at Reclamation facilities, potentially affecting water deliveries and costs.
Non‑Federal entities operating transferred facilities under operations and maintenance contracts (including small local providers and businesses) may incur new costs or operational constraints from expanded hydropower activity and changed requirements.
Shifting exclusive jurisdiction to the Bureau of Reclamation when FERC authorizations lapse can reduce local or state control over project sites, affecting local planning decisions, permitting, and potential local revenue arrangements.
Based on analysis of 2 sections of legislative text.
Broadens Bureau of Reclamation authority to allow hydropower at all Reclamation facilities, updates contract terms and terminology, and sets rules for FERC license inactivity and Bureau jurisdiction.
Official title: To amend the Reclamation Project Act of 1939 to encourage non-Federal hydropower development with respect to Bureau of Reclamation projects.
Introduced February 11, 2026 by Lauren Boebert · Last progress February 11, 2026
Expands and clarifies Bureau of Reclamation authority to develop hydropower at a broader set of Reclamation facilities by amending the Reclamation Project Act of 1939. It replaces narrow references to "small conduit" and certain pumped-storage projects with language authorizing hydropower at all Bureau of Reclamation facilities, updates contract and terminology rules, and adds definitions and jurisdictional limits. The bill also preserves existing FERC authorizations while providing rules for when FERC authorization becomes inactive and jurisdiction reverts to the Bureau, clarifies municipal water-supply contract treatment, and limits the changes so they do not broaden lease-of-power-privilege authority outside project boundaries. Several legacy provisions are removed and two new definitions are added for works facility types.