Water management improvement
Authorization of grants and cooperative agreements
Authority of Secretary
The Secretary may provide any grant to, or enter into an agreement with, any eligible applicant to assist the eligible applicant in planning, designing, or constructing any improvement—
to conserve water;
to increase water use efficiency;
to facilitate water markets;
to enhance water management, including increasing the use of renewable energy in the management and delivery of water;
to accelerate the adoption and use of advanced water treatment technologies to increase water supply;
to prevent the decline of species that the United States Fish and Wildlife Service and National Marine Fisheries Service have proposed for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (or candidate species that are being considered by those agencies for such listing but are not yet the subject of a proposed rule);
to accelerate the recovery of threatened species, endangered species, and designated critical habitats that are adversely affected by Federal reclamation projects or are subject to a recovery plan or conservation plan under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) under which the Commissioner of Reclamation has implementation responsibilities; or
to carry out any other activity—
to address any climate-related impact to the water supply of the United States that increases ecological resiliency to the impacts of climate change; or
to prevent any water-related crisis or conflict at any watershed that has a nexus to a Federal reclamation project located in a service area.
Application
To be eligible to receive a grant, or enter into an agreement with the Secretary under paragraph (1), an eligible applicant shall—
be located within—
the States and areas referred to in section 391 of title 43;
the State of Alaska; or
the State of Hawaii; and
submit to the Secretary an application that includes a proposal of the improvement or activity to be planned, designed, constructed, or implemented by the eligible applicant.
Requirements of grants and cooperative agreements
Compliance with requirements
Agricultural operations
In general
Except as provided in clause (ii), in carrying out paragraph (1), the Secretary shall not provide a grant, or enter into an agreement, for an improvement to conserve irrigation water unless the eligible applicant agrees not—
to use any associated water savings to increase the total irrigated acreage of the eligible applicant; or
to otherwise increase the consumptive use of water in the operation of the eligible applicant, as determined pursuant to the law of the State in which the operation of the eligible applicant is located.
Indian tribes
In the case of an eligible applicant that is an Indian tribe, in carrying out paragraph (1), the Secretary shall not provide a grant, or enter into an agreement, for an improvement to conserve irrigation water unless the Indian tribe agrees not—
to use any associated water savings to increase the total irrigated acreage more than the water right of that Indian tribe, as determined by—
a court decree;
a settlement;
a law; or
any combination of the authorities described in items (aa) through (cc); or
to otherwise increase the consumptive use of water more than the water right of the Indian tribe described in subclause (I).
Nonreimbursable funds
Title to improvements
Cost sharing
Federal share
Calculation of non-Federal share
In calculating the non-Federal share of the cost of an infrastructure improvement or activity proposed by an eligible applicant through an application submitted by the eligible applicant under paragraph (2), the Secretary shall—
consider the value of any in-kind services that substantially contributes toward the completion of the improvement or activity, as determined by the Secretary; and
not consider any other amount that the eligible applicant receives from a Federal agency.
Maximum amount
Operation and maintenance costs
Liability
In general
Tort Claims Act
Research agreements
Authority of Secretary
The Secretary may enter into 1 or more agreements with any university, nonprofit research institution, or organization with water or power delivery authority to fund any research activity that is designed—
to conserve water resources;
to increase the efficiency of the use of water resources; or
to enhance the management of water resources, including increasing the use of renewable energy in the management and delivery of water.