What This Bill Does
This bill prevents the Secretary of the Interior and Secretary of Agriculture from requiring someone to give water rights to the federal government in order to get or renew permits and agreements for land use. The bill says federal agencies must respect state laws about water and work with states when making water-related rules.
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Who It Affects
- The Secretary of the Interior (a federal official who oversees public lands and water)
- The Secretary of Agriculture (a federal official overseeing farm and forest lands)
- States that manage water rights
- Water users including farmers, ranchers and businesses
- Federally recognized Indian Tribes with water rights
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Key Provisions
- Federal officials cannot require someone to transfer any water right (including shared or sole ownership) to the United States as a condition of getting or renewing permits, leases or land use agreements (Sec. 4)
- Federal officials cannot require water users to apply for water rights in the name of the United States under state law in order to get permits or agreements (Sec. 4)
- When federal officials create rules about permits and land use, they must recognize state authority over water and make sure federal rules don't restrict water use more than state law does (Sec. 3)
- Federal officials cannot refuse permits or agreements based on limiting how much water someone takes or changing groundwater rules beyond what state law requires (Sec. 4)
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What Changes
If this becomes law, federal agencies must stop making water rights transfers a requirement for getting permits and land use agreements. Federal officials must align their water rules with each state's water laws instead of imposing stricter requirements.
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Important Definitions
**Water Right**: Any surface water, groundwater or water storage that is filed, permitted, certified, confirmed, decreed, adjudicated or otherwise recognized through a court or by a state. This includes water rights belonging to federally recognized Indian Tribes.
**Secretary**: Either the Secretary of Agriculture or Secretary of the Interior, depending on which one is involved.
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 64
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 SENATE OF THE UNITED STATES
JANUARY 25, 2023
Mr. BARRASSO (for himself, Mr. RISCH, and Mr. CRAPO) introduced the fol-
lowing bill; which was read twice and referred to the Committee on En-
ergy and Natural Resources
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 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 2023’’.
5
SEC. 2. DEFINITIONS.
6
In this Act:
7
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•S 64 IS
(1)
SECRETARY.—The
term
‘‘Secretary’’
1
means, as applicable—
2
(A) the Secretary of Agriculture; or
3
(B) the Secretary of the Interior.
4
(2) WATER RIGHT.—The term ‘‘water right’’
5
means any surface water, groundwater, or water
6
storage use filed, permitted, certificated, confirmed,
7
decreed, adjudicated, or otherwise recognized by a
8
judicial proceeding or by the State, in which the user
9
acquires possession of the water or puts the water
10
to beneficial use, including water rights of federally
11
recognized Indian Tribes.
12
SEC. 3. POLICY DEVELOPMENT.
13
In developing any rule, policy, directive, management
14
plan, or similar Federal action relating to the issuance,
15
renewal, amendment, or extension of any permit, approval,
16
license, lease, allotment, easement, right-of-way, or other
17
land use or occupancy agreement, the Secretary—
18
(1) shall—
19
(A) recognize the longstanding authority of
20
the States relating to evaluating, protecting, al-
21
locating, regulating, permitting, and adjudi-
22
cating water use; and
23
(B) coordinate with the States to ensure
24
that any rule, policy, directive, management
25
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•S 64 IS
plan, or similar Federal action is consistent
1
with, and imposes no greater restriction or reg-
2
ulatory requirement, than applicable State
3
water law; and
4
(2) shall not—
5
(A) assert any connection between surface
6
water and groundwater that is inconsistent with
7
such a connection recognized by State water
8
law; or
9
(B) take any action that adversely af-
10
fects—
11
(i) the authority of a State in—
12
(I) permitting the beneficial use
13
of water; or
14
(II) adjudicating water rights;
15
(ii) any definition established by a
16
State with respect to the term ‘‘beneficial
17
use’’, ‘‘priority of water rights’’, or ‘‘terms
18
of use’’; or
19
(iii) any other right or obligation of a
20
State established under State law.
21
SEC. 4. TREATMENT OF WATER RIGHTS.
22
The Secretary shall not—
23
(1) condition the issuance, renewal, amendment,
24
or extension of any permit, approval, license, lease,
25
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allotment, easement, right-of-way, or other land use
1
or occupancy agreement on the transfer of any water
2
right (including joint and sole ownership) directly or
3
indirectly to the United States, or on any impair-
4
ment of title or interest, in whole or in part, granted
5
or otherwise recognized under State law, by Federal
6
or State adjudication, decree, or other judgment, or
7
pursuant to any interstate water compact;
8
(2) require any water user (including any feder-
9
ally recognized Indian Tribe) to apply for or acquire
10
a water right in the name of the United States
11
under State law as a condition of the issuance, re-
12
newal, amendment, or extension of any permit, ap-
13
proval, license, lease, allotment, easement, right-of-
14
way, or other land use or occupancy agreement; or
15
(3) condition or withhold the issuance, renewal,
16
amendment, or extension of any permit, approval, li-
17
cense, lease, allotment, easement, right-of-way, or
18
other land use or occupancy agreement, in whole or
19
in part, on—
20
(A) limiting the date, time, quantity, loca-
21
tion of diversion or pumping, or place of use of
22
a State water right beyond any applicable limi-
23
tations under State water law; or
24
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•S 64 IS
(B) the modification of the terms and con-
1
ditions of groundwater withdrawal, guidance
2
and reporting procedures, or conservation and
3
source protection measures established by a
4
State.
5
SEC. 5. EFFECT.
6
(a) RECLAMATION CONTRACTS.—Nothing in this Act
7
in any way interferes with any existing or future Bureau
8
of Reclamation contract entered into pursuant to Federal
9
reclamation law (the Act of June 17, 1902 (32 Stat. 388,
10
chapter 1093), and Acts supplemental to and amendatory
11
of that Act).
12
(b) ENDANGERED SPECIES ACT.—Nothing in this
13
Act affects the implementation of the Endangered Species
14
Act of 1973 (16 U.S.C. 1531 et seq.).
15
(c) FEDERAL RESERVED WATER RIGHTS.—Nothing
16
in this Act limits or expands any existing or future re-
17
served water rights of the Federal Government on land
18
administered by the Secretary.
19
(d) FEDERAL POWER ACT.—Nothing in this Act lim-
20
its or expands authorities pursuant to sections 4(e), 10(j),
21
or 18 of the Federal Power Act (16 U.S.C. 797(e), 803(j),
22
811).
23
(e) INDIAN WATER RIGHTS.—Nothing in this Act
24
limits or expands any existing or future reserved water
25
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•S 64 IS
right or treaty right of any federally recognized Indian
1
Tribe.
2
(f) FEDERALLY HELD STATE WATER RIGHTS.—
3
Nothing in this Act limits the ability of the Secretary,
4
through applicable State procedures, to acquire, use, en-
5
force, or protect a State water right owned by the United
6
States.
7
(g) INTERSTATE COMPACTS.—Nothing in this Act af-
8
fects an allocation contained in, or limitations and require-
9
ments of, any interstate water compact or decree of the
10
Supreme Court of the United States interpreting or en-
11
forcing an interstate water compact.
12
Æ
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