I 

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. 

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 2025’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 means, as applicable— 

5 (A) the Secretary of Agriculture; or 

6 (B) the Secretary of the Interior. 

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

8 means any surface water, groundwater, or water 

9 storage use filed, permitted, certificated, confirmed, 

10 decreed, adjudicated, or otherwise recognized by a 

11 judicial proceeding or by the State, in which the user 

12 acquires possession of the water or puts the water 

13 to beneficial use, including water rights of federally 

14 recognized Indian Tribes. 

15 SEC. 3. POLICY DEVELOPMENT. 

16 In developing any rule, policy, directive, management 

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

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

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

20 land use or occupancy agreement, the Secretary— 

21 (1) shall— 

22 (A) recognize the longstanding authority of 

23 the States relating to evaluating, protecting, al24 locating, regulating, permitting, and adjudi25 cating water use; and 


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1 (B) coordinate with the States to ensure 

2 that any rule, policy, directive, management 

3 plan, or similar Federal action is consistent 

4 with, and imposes no greater restriction or reg5 ulatory requirement, than applicable State 

6 water law; and 

7 (2) shall not— 

8 (A) assert any connection between surface 

9 water and groundwater that is inconsistent with 

10 such a connection recognized by State water 

11 law; or 

12 (B) take any action that adversely af13 fects— 

14 (i) the authority of a State in— 

15 (I) permitting the beneficial use 

16 of water; or 

17 (II) adjudicating water rights; 

18 (ii) any definition established by a 

19 State with respect to the term ‘‘beneficial 

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

21 of use’’; or 

22 (iii) any other right or obligation of a 

23 State established under State law. 

24 SEC. 4. TREATMENT OF WATER RIGHTS. 

25 The Secretary shall not— 


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

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

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

4 or occupancy agreement on the transfer of any water 

5 right (including joint and sole ownership) directly or 

6 indirectly to the United States, or on any impair7 ment of title or interest, in whole or in part, granted 

8 or otherwise recognized under State law, by Federal 

9 or State adjudication, decree, or other judgment, or 

10 pursuant to any interstate water compact; 

11 (2) require any water user (including any feder12 ally recognized Indian Tribe) to apply for or acquire 

13 a water right in the name of the United States 

14 under State law as a condition of the issuance, re15 newal, amendment, or extension of any permit, ap16 proval, license, lease, allotment, easement, right-of17 way, or other land use or occupancy agreement; or 

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

19 amendment, or extension of any permit, approval, li20 cense, lease, allotment, easement, right-of-way, or 

21 other land use or occupancy agreement, in whole or 

22 in part, on— 

23 (A) limiting the date, time, quantity, loca24 tion of diversion or pumping, or place of use of 


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1 a State water right beyond any applicable limi2 tations under State water law; or 

3 (B) the modification of the terms and con4 ditions of groundwater withdrawal, guidance 

5 and reporting procedures, or conservation and 

6 source protection measures established by a 

7 State. 

8 SEC. 5. EFFECT. 

9 (a) RECLAMATION CONTRACTS.—Nothing in this Act 

10 in any way interferes with any existing or future Bureau 

11 of Reclamation contract entered into pursuant to Federal 

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

13 chapter 1093), and Acts supplemental to and amendatory 

14 of that Act). 

15 (b) ENDANGERED SPECIES ACT.—Nothing in this 

16 Act affects the implementation of the Endangered Species 

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

18 (c) FEDERAL RESERVED WATER RIGHTS.—Nothing 

19 in this Act limits or expands any existing or future re20 served water rights of the Federal Government on land 

21 administered by the Secretary. 

22 (d) FEDERAL POWER ACT.—Nothing in this Act lim23 its or expands authorities pursuant to sections 4(e), 10(j), 

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

25 811). 


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1 (e) INDIAN WATER RIGHTS.—Nothing in this Act 

2 limits or expands any existing or future reserved water 

3 right or treaty right of any federally recognized Indian 

4 Tribe. 

5 (f) FEDERALLY HELD STATE WATER RIGHTS.— 

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

7 through applicable State procedures, to acquire, use, en8 force, or protect a State water right owned by the United 

9 States. 

10 (g) INTERSTATE COMPACTS.—Nothing in this Act af11 fects an allocation contained in, or limitations and require12 ments of, any interstate water compact or decree of the 

13 Supreme Court of the United States interpreting or en14 forcing an interstate water compact. 

Æ 


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