Overview
Title
To amend the Infrastructure Investment and Jobs Act to increase surface water and groundwater storage, and for other purposes.
ELI5 AI
The "Every Drop Counts Act" is like a plan to build bigger water tanks underground and above ground to save water for the future. It says how big these tanks should be, doesn't change any water rules, and gives more time to finish the projects.
Summary AI
H.R. 338, known as the "Every Drop Counts Act," seeks to modify the Infrastructure Investment and Jobs Act to expand the storage capacity for surface and groundwater in the U.S. It permits financial grants for projects that increase or utilize groundwater and surface water storage with specific capacity criteria. The bill prohibits the government from acquiring water and ensures that it does not interfere with existing water rights or laws. The duration for authority related to these projects is extended from 5 to 10 years.
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AnalysisAI
The proposed H.R. 338 bill, also known as the "Every Drop Counts Act," seeks to amend the existing Infrastructure Investment and Jobs Act to enhance the storage of surface water and groundwater. The primary focus of this bill is on expanding the eligibility criteria for water storage projects that can receive grant funding, specifically targeting projects within certain storage capacity ranges. In addition, the bill extends the authority for these projects from five to ten years. It aims to ensure that the amendment does not conflict with existing laws and treaties related to water rights.
General Summary of the Bill
H.R. 338 introduces modifications to the Infrastructure Investment and Jobs Act by making changes to the qualifications for water storage projects that are eligible for federal grants. It specifies two categories of projects based on their water storage capacities. The "GENERAL ACRE-FEET CAPACITY" projects must have storage capacities between 200 and 30,000 acre-feet, while the "AVERAGE ANNUAL PROJECT LIFE ACRE-FEET CAPACITY" projects must have capacity for 200 to 150,000 acre-feet annually over the project's lifespan. Additionally, the bill extends the duration within which projects can operate under these guidelines from five to ten years. Finally, the bill upholds existing water laws, rights, and treaties, emphasizing that it should not supersede or interfere with these frameworks.
Summary of Significant Issues
A primary concern with this bill lies in the eligibility criteria defined for the water storage capacities, which excludes projects smaller than 200 acre-feet or larger than 30,000 acre-feet. This exclusivity could mean that certain necessary projects, especially those that might be crucial to smaller communities or address particular environmental needs, could miss out on funding opportunities.
Additionally, the bill's wording around the "AVERAGE ANNUAL PROJECT LIFE ACRE-FEET CAPACITY" leaves room for unclear interpretation—particularly regarding how average annual capacities are calculated. This lack of clarity could lead to inconsistent project assessments, potentially hindering certain projects from demonstrating their compliance with the objectives of this bill.
Another noteworthy change is the amendment extending the relevant project's operation authority from five to ten years. This alteration could imply a need for more significant long-term financial resources, thus affecting both the projects' sustainability and the government's budgetary planning.
Broader Public Impact
For the general public, particularly those who rely on consistent and sustainable water resources, the passage of this bill could mean improved access to water storage and management facilities. By increasing the potential range of projects eligible for federal funding, there could be an indirect benefit to areas that are in dire need of water infrastructure improvement.
However, there might be public concerns regarding the criteria that may exclude certain projects that don't fit into the specified ranges. This could manifest as unmet needs in regions that fall outside those parameters, preventing specific rural or uniquely positioned communities from receiving the necessary support.
Impact on Specific Stakeholders
Stakeholders such as local governments, agricultural sector, and environmental agencies might see this bill as a mixed opportunity. For local governments, this bill offers a pathway to potentially secure more funding to improve water resources, thus serving public needs. However, they must navigate the specified criteria, which could necessitate alternative funding for ineligible projects.
Agricultural stakeholders might benefit from increased water storage capacity, which could lead to more reliable water availability for irrigation and other uses. However, those who operate on smaller scales—falling under the lower end of the capacity range—might feel sidelined.
Environmental agencies might perceive the prolonged duration from five to ten years as an opportunity for more in-depth environmental studies and longer project life cycles, yet might also worry about the bill's potential to underrepresent smaller, localized projects crucial to biodiversity and ecosystem balance.
In summary, while H.R. 338 endeavors to improve water management infrastructure, it brings forward several considerations and challenges that need to be weighed carefully. Its impact will vary, fostering benefits for some stakeholders while presenting significant hurdles for others.
Issues
The eligibility criteria for 'GENERAL ACRE-FEET CAPACITY' in Section 2 may be seen as exclusive, excluding projects smaller than 200 acre-feet and larger than 30,000 acre-feet. This could limit the scope of projects that might be necessary for different environmental and community needs, affecting their ability to obtain funding and support.
The 'AVERAGE ANNUAL PROJECT LIFE ACRE-FEET CAPACITY' criteria in Section 2 introduces ambiguity in how the average annual basis for storage or use is determined. This ambiguity could lead to inconsistent interpretations and might create hurdles for projects in accurately demonstrating their eligibility.
The amendment to Section 40903(e) of changing the duration from '5' to '10' years in Section 2 lacks clear context on the implications. This could have significant financial and resource allocation impacts, as a longer duration might require more substantial investment, affecting both project sustainability and government budgets.
Section 3, 'Statutory construction', does not provide specific examples or scenarios, which could lead to misinterpretations regarding the interaction of the bill with existing state and federal laws. This lack of clarity could result in legal disputes or challenges.
The formal and complex language throughout the bill, especially in Section 3, may pose difficulties for individuals without a legal background to understand the full implications. This could lead to a lack of public understanding or misinterpretation of how the bill may affect water rights and state laws.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the act designates the official short title, which will be called the "Every Drop Counts Act."
2. Eligible water storage projects Read Opens in new tab
Summary AI
The text outlines amendments to the Infrastructure Investment and Jobs Act regarding eligible water storage projects, specifying that certain projects with storage capacities between specified acre-feet ranges, which involve increasing or conveying water storage, qualify for grants. It also extends the project authority from 5 to 10 years.
3. Statutory construction Read Opens in new tab
Summary AI
The amendment outlined in Section 3 ensures that it won't override or interfere with existing state or federal water laws, interstate agreements, treaty responsibilities, allow the federal government to acquire water, or infringe on any individual water rights.