I 

114TH CONGRESS 

1ST SESSION H. R. 1830 

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 to require the Secretaries of the 

Interior and Agriculture to develop water planning instruments consistent 

with State law. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 16, 2015 

Mr. TIPTON (for himself, Mr. AMODEI, Mr. BUCK, Mr. CHAFFETZ, Mr. COFFMAN, Mr. GOSAR, Mr. KELLY of Pennsylvania, Mr. LABRADOR, Mr. 

LAMALFA, Mrs. LOVE, Mr. LAMBORN, Mrs. LUMMIS, Mr. MCCLINTOCK, 

Mr. PEARCE, Mr. REED, Mr. RIBBLE, Mr. SIMPSON, Mr. SMITH of 

Texas, Mr. STEWART, Mr. THOMPSON of Pennsylvania, Mr. WESTERMAN, 

Mr. ZINKE, and Mr. FRANKS of Arizona) 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 Secretaries of the Interior and 

Agriculture, and to require the Secretaries of the Interior 

and Agriculture to develop water planning instruments 

consistent with State law. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Water Rights Protec3 tion Act’’. 

4 SEC. 2. DEFINITION OF WATER RIGHT. 

5 In this Act, the term ‘‘water right’’ means any sur6 face or groundwater right filed, permitted, certified, con7 firmed, decreed, adjudicated, or otherwise recognized by 

8 a judicial proceeding or by the State in which the user 

9 acquires possession of the water or puts the water to bene10 ficial use, including water rights for federally recognized 

11 Indian tribes. 

12 SEC. 3. TREATMENT OF WATER RIGHTS. 

13 The Secretary of the Interior and the Secretary of 

14 Agriculture shall not— 

15 (1) condition or withhold, in whole or in part, 

16 the issuance, renewal, amendment, or extension of 

17 any permit, approval, license, lease, allotment, ease18 ment, right-of-way, or other land use or occupancy 

19 agreement on— 

20 (A) limitation or encumbrance of any 

21 water right, or the transfer of any water right 

22 (including joint and sole ownership), directly or 

23 indirectly to the United States or any other des24 ignee; or 

25 (B) any other impairment of any water 

26 right, in whole or in part, granted or otherwise 


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1 recognized under State law, by Federal or State 

2 adjudication, decree, or other judgment, or pur3 suant to any interstate water compact; 

4 (2) require any water user (including any feder5 ally recognized Indian tribe) to apply for or acquire 

6 a water right in the name of the United States 

7 under State law as a condition of the issuance, re8 newal, amendment, or extension of any permit, ap9 proval, license, lease, allotment, easement, right-of10 way, or other land use or occupancy agreement; 

11 (3) assert jurisdiction over groundwater with12 drawals or impacts on groundwater resources, unless 

13 jurisdiction is asserted, and any regulatory or policy 

14 actions taken pursuant to such assertion are, con15 sistent with, and impose no greater restrictions or 

16 regulatory requirements than, applicable State laws 

17 (including regulations) and policies governing the 

18 protection and use of groundwater resources; or 

19 (4) infringe on the rights and obligations of a 

20 State in evaluating, allocating, and adjudicating the 

21 waters of the State originating on or under, or flow22 ing from, land owned or managed by the Federal 

23 Government. 


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1 SEC. 4. RECOGNITION OF STATE AUTHORITY. 

2 (a) IN GENERAL.—In carrying out section 3, the Sec3 retary of the Interior and the Secretary of Agriculture 

4 shall— 

5 (1) recognize the longstanding authority of the 

6 States relating to evaluating, protecting, allocating, 

7 regulating, and adjudicating groundwater by any 

8 means, including a rulemaking, permitting, directive, 

9 water court adjudication, resource management 

10 planning, regional authority, or other policy; and 

11 (2) coordinate with the States in the adoption 

12 and implementation by the Secretary of the Interior 

13 or the Secretary of Agriculture of any rulemaking, 

14 policy, directive, management plan, or other similar 

15 Federal action so as to ensure that such actions are 

16 consistent with, and impose no greater restrictions 

17 or regulatory requirements than, State groundwater 

18 laws and programs. 

19 (b) EFFECT ON STATE WATER RIGHTS.—In carrying 

20 out this Act, the Secretary of the Interior and the Sec21 retary of Agriculture shall not take any action that ad22 versely affects— 

23 (1) any water rights granted by a State; 

24 (2) the authority of a State in adjudicating 

25 water rights; 


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1 (3) definitions established by a State with re2 spect to the term ‘‘beneficial use’’, ‘‘priority of water 

3 rights’’, or ‘‘terms of use’’; 

4 (4) terms and conditions of groundwater with5 drawal, guidance and reporting procedures, and con6 servation and source protection measures established 

7 by a State; 

8 (5) the use of groundwater in accordance with 

9 State law; or 

10 (6) any other rights and obligations of a State 

11 established under State law. 

12 SEC. 5. EFFECT OF ACT. 

13 (a) EFFECT ON EXISTING AUTHORITY.—Nothing in 

14 this Act limits or expands any existing legally recognized 

15 authority of the Secretary of the Interior or the Secretary 

16 of Agriculture to issue, grant, or condition any permit, ap17 proval, license, lease, allotment, easement, right-of-way, or 

18 other land use or occupancy agreement on Federal land 

19 subject to the jurisdiction of the Secretary of the Interior 

20 or the Secretary of Agriculture, respectively. 

21 (b) EFFECT ON RECLAMATION CONTRACTS.—Noth22 ing in this Act interferes with Bureau of Reclamation con23 tracts entered into pursuant to the reclamation laws. 


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1 (c) EFFECT ON ENDANGERED SPECIES ACT.—Noth2 ing in this Act affects the implementation of the Endan3 gered Species Act of 1973 (16 U.S.C. 1531 et seq.). 

4 (d) EFFECT ON FEDERAL RESERVED WATER

5 RIGHTS.—Nothing in this Act limits or expands any exist6 ing or claimed reserved water rights of the Federal Gov7 ernment on land administered by the Secretary of the In8 terior or the Secretary of Agriculture. 

9 (e) EFFECT ON FEDERAL POWER ACT.—Nothing in 

10 this Act limits or expands authorities under sections 4(e), 

11 10(j), or 18 of the Federal Power Act (16 U.S.C. 797(e), 

12 803(j), 811). 

13 (f) EFFECT ON INDIAN WATER RIGHTS.—Nothing in 

14 this Act limits or expands any water right or treaty right 

15 of any federally recognized Indian tribe. 

Æ 


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