119-hr302

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 302 Introduced in House

    (IH) ]

<DOC>

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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