§ 2866a. Risk-based approach to water management and water security at military installations

• (a)
  • (1) The Secretary of Defense shall adopt a risk-based approach to water management and water security for each military installation.
  • (2) In implementing paragraph (1), the Secretary shall prioritize those military installations that the Secretary determines—
    • (A) are experiencing the greatest risks to water management and water security; and
    • (B) face, or potentially face, the most severe adverse effects on mission assurance because of such risks.
  • (3) Determinations under paragraph (2) shall be made on the basis of the water management and water security assessments made by the Secretary concerned under subsection (b).
• (b)
  • (1) The Secretary of Defense, in coordination with each Secretary of a military department, shall develop a methodology to assess, for each military installation—
    • (A) risks to water management and water security; and
    • (B) adverse effects on mission assurance because of such risks.
  • (2) Such methodology shall include the following:
    • (A) An evaluation of all water sources available to a military installation, disaggregated by—
      • (i) total available water volume;
      • (ii) treated potable water; and
      • (iii) treated nonpotable water.
    • (B) An assessment of relevant water supply connections for a military installation, including the number, type, water flow rate, seasonal variability, and the extent of competition for each such connection.
    • (C) A calculation of the total water requirement of a military installation that—
      • (i) includes an identification of the water usage by each tenant command located on the military installation; and
      • (ii) describes the water uses that comprise such total water requirement, disaggregated by—
        • (I) drinking water uses; and
        • (II) nonpotable water uses, including—
    • (D) An evaluation of the age, condition, and jurisdictional control of water infrastructure serving a military installation, including an estimate of the percentage of water lost due to water infrastructure that is in poor or failing condition.
    • (E) An evaluation of water security risks that could have an adverse effect on mission assurance for a military installation, including—
      • (i) if the military installation is located in a drought-prone region;
      • (ii) decreasing water levels or sources that supply water to the military installation;
      • (iii) effects of new defense water uses on the total water requirement of the military installation; and
      • (iv) increases to the demand for water that result from nondefense or defense-adjacent requirements and that could affect—
        • (I) the supply of water available for use by the military installation;
        • (II) the quality of such water; and
        • (III) any legal rights to use of such water by the military installation, such as water rights disputes.
    • (F) An evaluation of the capacity of the water supply of a military installation to withstand or quickly recover from water constraints, and the overall health of the aquifer basin of which the water supply is a part, including the robustness of the resource, redundancy, and ability to recover from disruption.
    • (G) An evaluation of existing water metering and water consumption at a military installation, disaggregated—
      • (i) by type of activity, including training, maintenance, medical, housing, and grounds maintenance and landscaping; and
      • (ii) by fluctuations in consumption, including peak consumption by quarter.
    • (H) A determination of the appropriate frequency for reassessment of military installations with the highest water security risk.
  • (3) The Secretary of Defense, in coordination with each Secretary of a military department, shall update the methodology under paragraph (1) not less frequently than once every ten years.
• (c) The Secretary of Defense shall update assessments of the military installations with the highest water security risk not less frequently than as determined under subsection (b)(2)(H).
• (d)
  • (1) Each Secretary of a military department shall—
    • (A) identify the three military installations under the jurisdiction of the Secretary with the highest water security risk; and
    • (B) develop, for each military installation identified, a plan of action and milestones to address—
      • (i) risks to water security; and
      • (ii) adverse effects on mission assurance because of such risks.
  • (2) Each such plan of action shall include the following:
    • (A) A description of each risk and the effect on the capacity of the military installation and mission assurance.
    • (B) A list of the factors contributing to the risk, disaggregated by risks originating from—
      • (i) the geographic area under the control of the military installation; and
      • (ii) the geographic area not under the control of the military installation.
    • (C) A plan for implementing installation-level water metering to ensure more accurate assessments of demand for water at the military installation.
    • (D) An assessment of—
      • (i) the effects of planned future missions and tenant commands on the demand for water at the military installation; and
      • (ii) the corresponding requirements for water infrastructure serving the military installation.
    • (E) A list of infrastructure projects to mitigate loss of available water supply to leakage, including new construction, recapitalization, required maintenance, and modernization of existing infrastructure.
    • (F) A cost-benefit analysis of using “no dig” technologies to mitigate infrastructure degradation that leads to water loss.
• (e)
  • (1) The Secretary of Defense shall evaluate each military installation identified under subsection (d) to determine the potential to mitigate risks to water security for such installation through the reuse of nonpotable water for nondrinking water uses.
  • (2) Such evaluation shall include the following:
    • (A) An evaluation of alternative water sources to offset use of freshwater, including water recycling and harvested rainwater for use as nonpotable water.
    • (B) An assessment of the feasibility of incorporating, when practicable, water-efficient technologies and systems to minimize water consumption and wastewater discharge on the installation.
    • (C) An evaluation of the practicality of implementing water reuse systems and other water-saving infrastructure into new construction in water-constrained areas, as determined pursuant to the applicable water management and security assessment under subsection (b).
• (f)
  • (1) The Secretary of Defense shall, to the maximum extent practicable, implement, at each military installation identified under subsection (d), landscaping management practices that mitigate risks to water management and water security and enhance mission assurance by enabling greater quantities of water availability for operational, training, and maintenance requirements.
  • (2) For military installations located in arid or semi-arid regions, such landscaping management practices shall, to the extent practicable, include practices that avoid the cost of irrigation.
  • (3) To the extent practicable, each Secretary of a military department shall institute landscaping management practices that include plants native to, or appropriate for, the region in which the installation is located and native grass and plants that decrease water consumption requirements.
• (g)
  • (1) Not later than 180 days after the date of the enactment of this section, the Secretary of Defense shall provide to the Committees of the Armed Services of the House of Representatives and the Senate a briefing that includes—
    • (A) an identification, in ranked order, of the military installations identified under subsection (d) with the highest water security risk; and
    • (B) a description of the schedule for developing each plan of action required by subsection (d).
  • (2) Not later than one year after the date of the enactment of this section, and annually thereafter not later than the date of President’s budget for a fiscal year under section 1105 of title 31 , the Secretary of Defense shall provide to the Committees of the Armed Services of the House of Representatives and the Senate a briefing that includes, with respect to the period covered by the briefing—
    • (A) an update on the progress of the Secretary concerned toward completing the water security assessment required by subsection (b);
    • (B) updated cost estimates for infrastructure projects to mitigate loss of available water supply to leakage identified pursuant to subsection (d)(1)(E); 1 1 So in original. Probably should be “subsection (d)(2)(E);”. and
    • (C) a description of—
      • (i) any agreement between a Secretary of a military department and the head of a non-Department of Defense entity with respect to property under the jurisdiction of such Secretary that may affect—
        • (I) the supply of water available to a military installation under the jurisdiction of such Secretary; or
        • (II) the demand for water of such installation; and
      • (ii) any change to—
        • (I) the water supply of a military installation under the jurisdiction such Secretary; or
        • (II) the demand for water of such military installation.
• (h) Nothing in this section shall be construed to require the repetition or replacement of any prior water assessment or evaluation conducted before the date of the enactment of section 2827 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 118–159 ; 10 U.S.C. 2866 note) 2 2 See References in Text note below. that is accurate and reflects current mission requirements.