Constitution Index · H.R. 331 · 2025-01-13

To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.

Latest official status (2026-09-30): Committee on Energy and Natural Resources. Ordered to be reported without amendment favorably.

Official source ↗

Constitutional grade

A

Constitutional

This bill is fully constitutional. It operates within Congress's enumerated property powers, does not infringe any Bill of Rights protections, respects individual sovereignty by facilitating voluntary water management, passes all four decentralization questions, and does not violate due process or takings protections.

Article I, Section 8, Clause 17 Article IV, Section 3, Clause 2

SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com

The five checks

Enumerated powers · passes

Congress has explicit authority under Article I, Section 8, Clause 17 to exercise exclusive legislation over federal property, and under the Property Clause (Article IV, Section 3, Clause 2) to make rules governing public lands. This bill merely clarifies existing rights-of-way and authorizations on BLM land, which falls squarely within Congress's enumerated power to manage federal property. It does not regulate private land or water rights outside federal jurisdiction.

Bill of Rights · passes

The bill does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, trial rights, jury rights, cruel and unusual punishment, or any other enumerated right. It is a property management statute that imposes no burdens on personal liberties. No amendment is implicated.

Individual liberty · passes

The bill expands voluntary options for water rights holders, states, tribes, and public entities to use existing authorizations for aquifer recharge. It does not compel any action, restrict personal conduct, or take property. The exemption from additional rents for non-profit uses respects private property rights and encourages cooperative conservation without coercion.

Decentralization · passes

The bill passes all four decentralization questions. Individuals and families are not involved in aquifer recharge on BLM land, so question 1 is not applicable. Local communities and states can handle aquifer recharge through existing authorizations without federal micromanagement. The bill actually reduces federal involvement by eliminating the need for additional DOI authorization. It does not consolidate decision-making upward; it removes a federal layer.

Due process and takings · passes

The bill does not take property without just compensation; it merely clarifies that existing rights-of-way may be used for aquifer recharge without additional authorization. The notice requirement provides procedural fairness. There is no deprivation of life, liberty, or property, and no arbitrary government action. The exemption from additional rents for non-profit uses does not constitute a taking of government revenue — it is a voluntary waiver.

Provenance

Grade ID
791
Rubric version
vfa-constitutional-grade/1.0
Graded
2026-10-13 22:20 UTC
Engine
backup SI engine
Source fetched
2026-10-12 07:07 UTC
Source SHA-256
87a887d37e4ef37a0248bed4b1581be35547873d3bd1a82a9807108cc0cbb882
Checks
si-editorial-standard/1.0: real Constitution citation, language rules

Version history · never overwritten

GradeGradedRubric Source hashStatus
A · #791 2026-10-13 vfa-constitutional-grade/1.0 87a887d37e4e current

Cite this

Values for America. “Constitutional grade: H.R. 331, To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes..” VFA Constitution Index, grade 791 (rubric vfa-constitutional-grade/1.0), graded October 13, 2026. https://www.valuesforamerica.com/constitution-index/grades/791. Accessed 2026-10-19.

Permalink: https://www.valuesforamerica.com/constitution-index/grades/791

Data: this grade as JSON · full export. Attribution required.

← The Constitution Index