I 

117TH CONGRESS 

1ST SESSION H. R. 1679 

To prohibit the Secretary of the Interior and the Secretary of Agriculture 

from conditioning any permit, lease, or other use agreement on the 

transfer of any water right to the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 9, 2021 

Mrs. BOEBERT (for herself, Mr. AMODEI, Mr. BIGGS, Mr. BUCK, Mr. ESTES, 

Mr. FULCHER, Mr. GOSAR, Ms. HERRELL, Mr. LAMALFA, Mr. LAMBORN, Mr. MCCLINTOCK, Mr. MOORE of Utah, Mr. NEWHOUSE, Mr. 

SIMPSON, and Mr. STEWART) 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 Secretary of the Interior and the Secretary 

of Agriculture from conditioning any permit, lease, or 

other use agreement on the transfer of any water right 

to the United States, 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 ‘‘Western Water Secu5 rity Act’’. 


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1 SEC. 2. POLICY DEVELOPMENT. 

2 When developing any rule, policy, directive, manage3 ment plan, or similar Federal action relating to the 

4 issuance, renewal, amendment, or extension of any permit, 

5 approval, license, lease, allotment, easement, right-of-way, 

6 or other land use or occupancy agreement, the Secretary— 

7 (1) shall— 

8 (A) recognize the longstanding authority of 

9 the States relating to evaluating, protecting, al10 locating, regulating, permitting, and adjudi11 cating water use; and 

12 (B) coordinate with the States to ensure 

13 that any rule, policy, directive, management 

14 plan, or similar Federal action is consistent 

15 with, and imposes no greater restriction or reg16 ulatory requirement, than applicable State 

17 water law; and 

18 (2) shall not— 

19 (A) assert any connection between surface 

20 and groundwater that is inconsistent with such 

21 a connection recognized by State water law; or 

22 (B) take any action that adversely affects 

23 the authority of a State in permitting the bene24 ficial use of water, adjudicating water rights, 

25 definitions established by a State with respect 

26 to the term ‘‘beneficial use’’, ‘‘priority of water 


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1 rights’’, or ‘‘terms of use’’, or any other rights 

2 or obligations of a State established under 

3 State law. 

4 SEC. 3. TREATMENT OF WATER RIGHTS. 

5 The Secretary shall not— 

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

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

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

9 or occupancy agreement on the transfer of any water 

10 right (including joint and sole ownership) directly or 

11 indirectly to the United States, or on any impair12 ment of title or interest, in whole or in part, granted 

13 or otherwise recognized under State law, by Federal 

14 or State adjudication, decree, or other judgment, or 

15 pursuant to any interstate water compact; or 

16 (2) require any water user (including any feder17 ally recognized Indian Tribe) to apply for or acquire 

18 a water right in the name of the United States 

19 under State law as a condition of the issuance, re20 newal, amendment, or extension of any permit, ap21 proval, license, lease, allotment, easement, right-of22 way, or other land use or occupancy agreement. 

23 SEC. 4. EFFECT. 

24 (a) EXISTING AUTHORITY.—Nothing in this Act lim25 its or expands any existing legally recognized authority of 


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1 the Secretary to issue, grant, or condition any permit, ap2 proval, license, lease, allotment, easement, right-of-way, or 

3 other land use or occupancy agreement on Federal land 

4 that is subject to the jurisdiction of the Secretary. 

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

6 in any way interferes with any existing or future Bureau 

7 of Reclamation contract entered into pursuant to Federal 

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

9 chapter 1093), and Acts supplemental to and amendatory 

10 of that Act). 

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

12 Act affects the implementation of the Endangered Species 

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

14 (d) FEDERAL RESERVED WATER RIGHTS.—Nothing 

15 in this Act limits or expands any existing and future re16 served water rights of the Federal Government on land 

17 administered by the Secretary. 

18 (e) FEDERAL POWER ACT.—Nothing in this Act lim19 its or expands authorities pursuant to section 4(e), 10(j), 

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

21 811). 

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

23 limits or expands any existing and future reserved water 

24 right or treaty right of any federally recognized Indian 

25 Tribe. 


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1 (g) FEDERALLY HELD STATE WATER RIGHTS.— 

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

3 through applicable State procedures, to acquire, use, en4 force, or protect a State water right owned by the United 

5 States. 

6 (h) INTERSTATE COMPACTS.—Nothing in this Act ef7 fects the allocations contained in, or limitations and re8 quirements of, any interstate water compact or Supreme 

9 Court decree interpreting or enforcing the same. 

10 SEC. 5. DEFINITIONS. 

11 In this Act: 

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

13 means, as applicable— 

14 (A) the Secretary of Agriculture; or 

15 (B) the Secretary of the Interior. 

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

17 (A) means any surface, groundwater, or 

18 storage use filed, permitted, certificated, con19 firmed, decreed, adjudicated, or otherwise rec20 ognized by a judicial proceeding or by the State 

21 in which the user acquires possession of the 

22 water or puts it to beneficial use; and 

23 (B) includes water rights of federally rec24 ognized Indian Tribes. 

Æ 


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