II 

115TH CONGRESS 

1ST SESSION S. 1230 

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 SENATE OF THE UNITED STATES 

MAY 25, 2017 

Mr. BARRASSO (for himself, Mr. FLAKE, Mr. CRAPO, Mr. ENZI, Mr. GARDNER, Mr. HATCH, Mr. HELLER, Mr. MCCAIN, and Mr. RISCH) introduced 

the following bill; which was read twice and referred to the Committee 

on Energy 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 Secretaries of the Interior and 

Agriculture, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Water Rights Protec5 tion Act of 2017’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


lotter on DSKBCFDHB2PROD with BILLS
2 

•S 1230 IS

1 (1) SECRETARY.—The term ‘‘Secretary’’ 

2 means, as applicable— 

3 (A) the Secretary of Agriculture; or 

4 (B) the Secretary of the Interior. 

5 (2) WATER RIGHT.—The term ‘‘water right’’ 

6 means any surface water, groundwater, or water 

7 storage right filed, permitted, certificated, con8 firmed, decreed, adjudicated, or otherwise recognized 

9 by a judicial proceeding or by the State, in which 

10 the user acquires the right to put the water to bene11 ficial use, including water rights for federally recog12 nized Indian tribes. 

13 SEC. 3. TREATMENT OF WATER RIGHTS. 

14 The Secretary shall not— 

15 (1) condition the issuance, renewal, amendment, 

16 or extension of any permit, approval, license, lease, 

17 allotment, easement, right-of-way, or other land use 

18 or occupancy agreement on the transfer of any water 

19 right (including joint and sole ownership) directly to 

20 the United States, or on any impairment of title, in 

21 whole or in part, granted or otherwise recognized 

22 under State law, by Federal or State adjudication, 

23 decree, or other judgment, or pursuant to any inter24 state water compact; 


lotter on DSKBCFDHB2PROD with BILLS
3 

•S 1230 IS

1 (2) require any water user (including any feder2 ally recognized Indian tribe) to apply for or acquire 

3 a water right in the name of the United States 

4 under State law as a condition of the issuance, re5 newal, amendment, or extension of any permit, ap6 proval, license, lease, allotment, easement, right-of7 way, or other land use or occupancy agreement; or 

8 (3) condition or withhold the issuance, renewal, 

9 amendment, or extension of any permit, approval, li10 cense, lease, allotment, easement, right-of-way, or 

11 other land use or occupancy agreement, in whole or 

12 in part, on— 

13 (A) limiting the date, time, quantity, loca14 tion of diversion or pumping, or place of use of 

15 a State water right beyond any applicable limi16 tations under State water law; or 

17 (B) the modification of the terms and con18 ditions of groundwater withdrawal, guidance 

19 and reporting procedures, or conservation and 

20 source protection measures established by a 

21 State. 

22 SEC. 4. POLICY DEVELOPMENT. 

23 In developing any rule, policy, directive, management 

24 plan, or similar Federal action relating to the issuance, 

25 renewal, amendment, or extension of any permit, approval, 


lotter on DSKBCFDHB2PROD with BILLS
4 

•S 1230 IS

1 license, lease, allotment, easement, right-of-way, or other 

2 land use or occupancy agreement, the Secretary— 

3 (1) shall— 

4 (A) recognize the longstanding authority of 

5 the States relating to evaluating, protecting, al6 locating, regulating, permitting, and adjudi7 cating water use; and 

8 (B) coordinate with the States to ensure 

9 that any rule, policy, directive, management 

10 plan, or similar Federal action is consistent 

11 with, and imposes no greater restriction or reg12 ulatory requirement, than applicable State 

13 water law; and 

14 (2) shall not— 

15 (A) adversely affect— 

16 (i) the authority of a State in— 

17 (I) permitting the beneficial use 

18 of water; or 

19 (II) adjudicating water rights; 

20 (ii) any definition established by a 

21 State with respect to the term ‘‘beneficial 

22 use’’, ‘‘priority of water rights’’, or ‘‘terms 

23 of use’’; or 

24 (iii) any other right or obligation of a 

25 State established under State law; or 


lotter on DSKBCFDHB2PROD with BILLS
5 

•S 1230 IS

1 (B) assert any connection between surface 

2 and groundwater that is inconsistent with such 

3 a connection recognized by State water laws. 

4 SEC. 5. EFFECT. 

5 (a) EXISTING AUTHORITY.—Except as provided in 

6 section 3, nothing in this Act limits or expands any exist7 ing legally recognized authority of the Secretary to issue, 

8 grant, or condition any permit, approval, license, lease, al9 lotment, easement, right-of-way, or other land use or occu10 pancy agreement on Federal land that is subject to the 

11 jurisdiction of the Secretary. 

12 (b) RECLAMATION CONTRACTS.—Nothing in this Act 

13 in any way interferes with any existing or future Bureau 

14 of Reclamation contract entered into pursuant to Federal 

15 reclamation law (the Act of June 17, 1902 (32 Stat. 388, 

16 chapter 1093), and Acts supplemental to and amendatory 

17 of that Act). 

18 (c) ENDANGERED SPECIES ACT.—Nothing in this 

19 Act affects the implementation of the Endangered Species 

20 Act of 1973 (16 U.S.C. 1531 et seq.). 

21 (d) FEDERAL RESERVED WATER RIGHTS.—Nothing 

22 in this Act limits or expands any existing reserved water 

23 rights of the Federal Government on land administered 

24 by the Secretary. 


lotter on DSKBCFDHB2PROD with BILLS
6 

•S 1230 IS

1 (e) FEDERAL POWER ACT.—Nothing in this Act lim2 its or expands authorities pursuant to sections 4(e), 10(j), 

3 or 18 of the Federal Power Act (16 U.S.C. 797(e), 803(j), 

4 811). 

5 (f) INDIAN WATER RIGHTS.—Nothing in this Act 

6 limits or expands any existing reserved water right or trea7 ty right of any federally recognized Indian tribe. 

8 (g) FEDERALLY HELD STATE WATER RIGHTS.— 

9 Nothing in this Act limits the ability of the Secretary, 

10 through applicable State procedures, to acquire, use, en11 force, or protect a State water right owned by the United 

12 States. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS