[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 302 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 302
To prohibit the conditioning of any permit, lease, or other use
agreement on the transfer of any water right to the United States by
the Secretary of the Interior and the Secretary of Agriculture, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2025
Ms. Maloy (for herself, Mr. Moore of Utah, Mr. Fulcher, Mr. Biggs of
Arizona, and Mr. Estes) introduced the following bill; which was
referred to the Committee on Natural Resources, and in addition to the
Committee on Agriculture, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prohibit the conditioning of any permit, lease, or other use
agreement on the transfer of any water right to the United States by
the Secretary of the Interior and the Secretary of Agriculture, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Rights Protection Act of
2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means, as
applicable--
(A) the Secretary of Agriculture; or
(B) the Secretary of the Interior.
(2) Water right.--The term ``water right'' means any
surface water, groundwater, or water storage use filed,
permitted, certificated, confirmed, decreed, adjudicated, or
otherwise recognized by a judicial proceeding or by the State,
in which the user acquires possession of the water or puts the
water to beneficial use, including water rights of federally
recognized Indian Tribes.
SEC. 3. POLICY DEVELOPMENT.
In developing any rule, policy, directive, management plan, or
similar Federal action relating to the issuance, renewal, amendment, or
extension of any permit, approval, license, lease, allotment, easement,
right-of-way, or other land use or occupancy agreement, the Secretary--
(1) shall--
(A) recognize the longstanding authority of the
States relating to evaluating, protecting, allocating,
regulating, permitting, and adjudicating water use; and
(B) coordinate with the States to ensure that any
rule, policy, directive, management plan, or similar
Federal action is consistent with, and imposes no
greater restriction or regulatory requirement, than
applicable State water law; and
(2) shall not--
(A) assert any connection between surface water and
groundwater that is inconsistent with such a connection
recognized by State water law; or
(B) take any action that adversely affects--
(i) the authority of a State in--
(I) permitting the beneficial use
of water; or
(II) adjudicating water rights;
(ii) any definition established by a State
with respect to the term ``beneficial use'',
``priority of water rights'', or ``terms of
use''; or
(iii) any other right or obligation of a
State established under State law.
SEC. 4. TREATMENT OF WATER RIGHTS.
The Secretary shall not--
(1) condition the issuance, renewal, amendment, or
extension of any permit, approval, license, lease, allotment,
easement, right-of-way, or other land use or occupancy
agreement on the transfer of any water right (including joint
and sole ownership) directly or indirectly to the United
States, or on any impairment of title or interest, in whole or
in part, granted or otherwise recognized under State law, by
Federal or State adjudication, decree, or other judgment, or
pursuant to any interstate water compact;
(2) require any water user (including any federally
recognized Indian Tribe) to apply for or acquire a water right
in the name of the United States under State law as a condition
of the issuance, renewal, amendment, or extension of any
permit, approval, license, lease, allotment, easement, right-
of-way, or other land use or occupancy agreement; or
(3) condition or withhold the issuance, renewal, amendment,
or extension of any permit, approval, license, lease,
allotment, easement, right-of-way, or other land use or
occupancy agreement, in whole or in part, on--
(A) limiting the date, time, quantity, location of
diversion or pumping, or place of use of a State water
right beyond any applicable limitations under State
water law; or
(B) the modification of the terms and conditions of
groundwater withdrawal, guidance and reporting
procedures, or conservation and source protection
measures established by a State.
SEC. 5. EFFECT.
(a) Reclamation Contracts.--Nothing in this Act in any way
interferes with any existing or future Bureau of Reclamation contract
entered into pursuant to Federal reclamation law (the Act of June 17,
1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and
amendatory of that Act).
(b) Endangered Species Act.--Nothing in this Act affects the
implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(c) Federal Reserved Water Rights.--Nothing in this Act limits or
expands any existing or future reserved water rights of the Federal
Government on land administered by the Secretary.
(d) Federal Power Act.--Nothing in this Act limits or expands
authorities pursuant to sections 4(e), 10(j), or 18 of the Federal
Power Act (16 U.S.C. 797(e), 803(j), 811).
(e) Indian Water Rights.--Nothing in this Act limits or expands any
existing or future reserved water right or treaty right of any
federally recognized Indian Tribe.
(f) Federally Held State Water Rights.--Nothing in this Act limits
the ability of the Secretary, through applicable State procedures, to
acquire, use, enforce, or protect a State water right owned by the
United States.
(g) Interstate Compacts.--Nothing in this Act affects an allocation
contained in, or limitations and requirements of, any interstate water
compact or decree of the Supreme Court of the United States
interpreting or enforcing an interstate water compact.
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