Every Drop Counts Act

Subparagraph (B) of section 40903(b)(1) of the Infrastructure Investment and Jobs Act (43 U.S.C. 3203(b)(1)(B)) is amended to read as follows:

The following projects shall be eligible for consideration for a grant under this section:

A project that—

(I) has water storage capacity of not less than 200 acre-feet and not more than 30,000 acre-feet; and

(aa) increases surface water or groundwater storage; or

(bb) conveys water, directly or indirectly, to or from surface water or groundwater storage.

A project that—

(I) has water storage capacity of recharges 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; and

(aa) increases groundwater aquifer storage;

(bb) conveys water, directly or indirectly, to or recovers water from groundwater storage;

(cc) both increases groundwater aquifer storage and conveys water, directly or indirectly, to or recovers water from groundwater storage; and

(dd) stabilizes groundwater levels.

Section 40903(e) of the Infrastructure Investment and Jobs Act (43 U.S.C. 3203(e)) is amended by striking 5 and inserting 10.

(1) to supersede or in any manner affect or conflict with State water law, Federal water law, interstate compacts, or treaty obligations;

(2) to authorize any acquisition of water by the Federal Government; or

(3) to supersede or infringe on any water rights.