II 

117TH CONGRESS 

1ST SESSION S. 855 

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 

MARCH 18, 2021 

Mr. BARRASSO (for himself, Mr. RISCH, and Mr. CRAPO) 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 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 2021’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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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 use filed, permitted, certificated, confirmed, 

8 decreed, adjudicated, or otherwise recognized by a 

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

10 acquires possession of the water or puts the water 

11 to beneficial use, including water rights of federally 

12 recognized Indian Tribes. 

13 SEC. 3. POLICY DEVELOPMENT. 

14 In developing any rule, policy, directive, management 

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

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

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

18 land use or occupancy agreement, the Secretary— 

19 (1) shall— 

20 (A) recognize the longstanding authority of 

21 the States relating to evaluating, protecting, al22 locating, regulating, permitting, and adjudi23 cating water use; and 

24 (B) coordinate with the States to ensure 

25 that any rule, policy, directive, management 


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1 plan, or similar Federal action is consistent 

2 with, and imposes no greater restriction or reg3 ulatory requirement, than applicable State 

4 water law; and 

5 (2) shall not— 

6 (A) assert any connection between surface 

7 water and groundwater that is inconsistent with 

8 such a connection recognized by State water 

9 law; or 

10 (B) take any action that adversely af11 fects— 

12 (i) the authority of a State in— 

13 (I) permitting the beneficial use 

14 of water; or 

15 (II) adjudicating water rights; 

16 (ii) any definition established by a 

17 State with respect to the term ‘‘beneficial 

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

19 of use’’; or 

20 (iii) any other right or obligation of a 

21 State established under State law. 

22 SEC. 4. TREATMENT OF WATER RIGHTS. 

23 The Secretary shall not— 

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

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


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

2 or occupancy agreement on the transfer of any water 

3 right (including joint and sole ownership) directly or 

4 indirectly to the United States, or on any impair5 ment of title or interest, in whole or in part, granted 

6 or otherwise recognized under State law, by Federal 

7 or State adjudication, decree, or other judgment, or 

8 pursuant to any interstate water compact; 

9 (2) require any water user (including any feder10 ally recognized Indian Tribe) to apply for or acquire 

11 a water right in the name of the United States 

12 under State law as a condition of the issuance, re13 newal, amendment, or extension of any permit, ap14 proval, license, lease, allotment, easement, right-of15 way, or other land use or occupancy agreement; or 

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

17 amendment, or extension of any permit, approval, li18 cense, lease, allotment, easement, right-of-way, or 

19 other land use or occupancy agreement, in whole or 

20 in part, on— 

21 (A) limiting the date, time, quantity, loca22 tion of diversion or pumping, or place of use of 

23 a State water right beyond any applicable limi24 tations under State water law; or 


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1 (B) the modification of the terms and con2 ditions of groundwater withdrawal, guidance 

3 and reporting procedures, or conservation and 

4 source protection measures established by a 

5 State. 

6 SEC. 5. EFFECT. 

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

8 in any way interferes with any existing or future Bureau 

9 of Reclamation contract entered into pursuant to Federal 

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

11 chapter 1093), and Acts supplemental to and amendatory 

12 of that Act). 

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

14 Act affects the implementation of the Endangered Species 

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

16 (c) FEDERAL RESERVED WATER RIGHTS.—Nothing 

17 in this Act limits or expands any existing or future re18 served water rights of the Federal Government on land 

19 administered by the Secretary. 

20 (d) FEDERAL POWER ACT.—Nothing in this Act lim21 its or expands authorities pursuant to sections 4(e), 10(j), 

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

23 811). 

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

25 limits or expands any existing or future reserved water 


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1 right or treaty right of any federally recognized Indian 

2 Tribe. 

3 (f) FEDERALLY HELD STATE WATER RIGHTS.— 

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

5 through applicable State procedures, to acquire, use, en6 force, or protect a State water right owned by the United 

7 States. 

8 (g) INTERSTATE COMPACTS.—Nothing in this Act af9 fects an allocation contained in, or limitations and require10 ments of, any interstate water compact or decree of the 

11 Supreme Court of the United States interpreting or en12 forcing an interstate water compact. 

Æ 


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