Water Rights Protection Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 579 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 Secretaries of the Interior and Agriculture, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 15, 2019 Mr. TIPTON (for himself, Mr. SIMPSON, Mr. CALVERT, Mr. AMODEI, Mr. WESTERMAN, Mr. LAMALFA, Mr. LAMBORN, and Mr. GOSAR) introduced the following bill; which was referred to the Committee on Natural Re- sources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consider- ation 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 Secretaries of the Interior and Agriculture, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Water Rights Protec- 4 tion Act of 2019’’. 5 VerDate Sep 11 2014 03:26 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H579.IH H579 kjohnson on DSK79L0C42 with BILLS 2 •HR 579 IH SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) SECRETARY.—The term ‘‘Secretary’’ 3 means, as applicable— 4 (A) the Secretary of Agriculture; or 5 (B) the Secretary of the Interior. 6 (2) WATER RIGHT.—The term ‘‘water right’’ 7 means any surface, groundwater, or storage use 8 filed, permitted, certificated, confirmed, decreed, ad- 9 judicated, or otherwise recognized by a judicial pro- 10 ceeding or by the State in which the user acquires 11 possession of the water or puts it to beneficial use. 12 Such term shall include water rights for federally 13 recognized Indian Tribes. 14 SEC. 3. TREATMENT OF WATER RIGHTS. 15 The Secretary shall not— 16 (1) condition the issuance, renewal, amendment, 17 or extension of any permit, approval, license, lease, 18 allotment, easement, right-of-way, or other land use 19 or occupancy agreement on the transfer of any water 20 right (including joint and sole ownership) directly or 21 indirectly to the United States, or on any impair- 22 ment of title or interest, in whole or in part, granted 23 or otherwise recognized under State law, by Federal 24 or State adjudication, decree, or other judgment, or 25 pursuant to any interstate water compact; or 26 VerDate Sep 11 2014 03:26 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H579.IH H579 kjohnson on DSK79L0C42 with BILLS 3 •HR 579 IH (2) require any water user (including any feder- 1 ally recognized Indian Tribe) to apply for or acquire 2 a water right in the name of the United States 3 under State law as a condition of the issuance, re- 4 newal, amendment, or extension of any permit, ap- 5 proval, license, lease, allotment, easement, right-of- 6 way, or other land use or occupancy agreement. 7 SEC. 4. POLICY DEVELOPMENT. 8 In developing any rule, policy, directive, management 9 plan, or similar Federal action relating to the issuance, 10 renewal, amendment, or extension of any permit, approval, 11 license, lease, allotment, easement, right-of-way, or other 12 land use or occupancy agreement, the Secretary— 13 (1) shall— 14 (A) recognize the longstanding authority of 15 the States relating to evaluating, protecting, al- 16 locating, regulating, permitting, and adjudi- 17 cating water use; and 18 (B) coordinate with the States to ensure 19 that any rule, policy, directive, management 20 plan, or similar Federal action is consistent 21 with, and imposes no greater restriction or reg- 22 ulatory requirement, than applicable State 23 water law; and 24 (2) shall not— 25 VerDate Sep 11 2014 03:26 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H579.IH H579 kjohnson on DSK79L0C42 with BILLS 4 •HR 579 IH (A) adversely affect— 1 (i) the authority of a State in— 2 (I) permitting the beneficial use 3 of water; or 4 (II) adjudicating water rights; 5 (ii) any definition established by a 6 State with respect to the term ‘‘beneficial 7 use’’, ‘‘priority of water rights’’, or ‘‘terms 8 of use’’; or 9 (iii) any other right or obligation of a 10 State established under State law; or 11 (B) assert any connection between surface 12 and groundwater that is inconsistent with such 13 a connection recognized by State water laws. 14 SEC. 5. EFFECT. 15 (a) EXISTING AUTHORITY.—Nothing in this Act lim- 16 its or expands any existing legally recognized authority of 17 the Secretary to issue, grant, or condition any permit, ap- 18 proval, license, lease, allotment, easement, right-of-way, or 19 other land use or occupancy agreement on Federal land 20 that is subject to the jurisdiction of the Secretary. 21 (b) RECLAMATION CONTRACTS.—Nothing in this Act 22 in any way interferes with any existing or future Bureau 23 of Reclamation contract entered into pursuant to Federal 24 reclamation law (the Act of June 17, 1902 (32 Stat. 388, 25 VerDate Sep 11 2014 03:26 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H579.IH H579 kjohnson on DSK79L0C42 with BILLS 5 •HR 579 IH chapter 1093), and Acts supplemental to and amendatory 1 of that Act). 2 (c) ENDANGERED SPECIES ACT.—Nothing in this 3 Act affects the implementation of the Endangered Species 4 Act of 1973 (16 U.S.C. 1531 et seq.). 5 (d) FEDERAL RESERVED WATER RIGHTS.—Nothing 6 in this Act limits or expands any existing reserved water 7 rights of the Federal Government on land administered 8 by the Secretary. 9 (e) FEDERAL POWER ACT.—Nothing in this Act lim- 10 its or expands authorities pursuant to section 4(e), 10(j), 11 or 18 of the Federal Power Act (16 U.S.C. 797(e), 803(j), 12 811). 13 (f) INDIAN WATER RIGHTS.—Nothing in this Act 14 limits or expands any existing reserved water right or trea- 15 ty right of any federally recognized Indian Tribe. 16 (g) FEDERALLY HELD STATE WATER RIGHTS.— 17 Nothing in this Act limits the ability of the Secretary, 18 through applicable State procedures, to acquire, use, en- 19 force, or protect a State water right owned by the United 20 States. 21 Æ VerDate Sep 11 2014 03:26 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H579.IH H579 kjohnson on DSK79L0C42 with BILLS