Senate advances bill to permit artificial groundwater recharge with technical safeguards

The Senate advanced Senate Bill 71, legislation to authorize artificial recharge of groundwater with permits, engineering requirements and safeguards intended to protect existing water rights and aquifer quality.

Sponsor Senator Finlayson described recharge as an emerging technology that would allow surface water to be stored underground during surplus runoff and pumped back when needed. He told colleagues the state engineer would use hydrological and engineering analysis to determine whether an aquifer could receive and retain stored water.

Floor questions focused on monitoring and notice requirements, the appropriate level of treatment before introducing surface water into aquifers, and enforcement penalties. Senator Hillier asked about the bill’s civil-penalty provision, noting the draft sets civil penalties up to $10,000 per day for violations; the sponsor and floor respondents said that level aligns with other water-pollution penalties and that such fines would likely be remitted to the general fund or handled under usual procedures.

The bill’s drafters agreed to technical amendments (dated 01/28/1991). Floor supporters said the statute leaves discretionary authority to the state engineer to require notice to potentially impaired water users where modifications could cause impairment; some senators argued the notice should be mandatory rather than permissive.

What happens next: SB 71 was amended on the floor and placed on the third-reading calendar for later consideration.

Votes and action: After amendment the bill was reported as passing the floor vote to third reading (reported 26 ayes, 1 nay, 2 absent).