I

107TH CONGRESS

1ST SESSION H. R. 1156

To preserve the authority of the States over waters within their boundaries,

to delegate the authority of the Congress to the States to regulate

water, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 21, 2001

Mr. SIMPSON (for himself, Mr. GIBBONS, Mr. OTTER, Mr. STUMP, and Mr.

SCHAFFER) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Resources,

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 preserve the authority of the States over waters within

their boundaries, to delegate the authority of the Congress to the States to regulate water, 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 ‘‘State Water Sov5 ereignty Protection Act’’.
2

•HR 1156 IH

1 SEC. 2. USE OF STATE LAW BY UNITED STATES FOR AC2 QUIRING AND EXERCISING WATER RIGHTS.

3 (a) IN GENERAL.—Whenever the United States seeks

4 to appropriate water or acquire a water right within a

5 State, or to exercise any right with respect to a water

6 right, the United States shall be subject to all procedural

7 and substantive laws of the State relating to the alloca8 tion, adjudication, appropriation, acquisition, use, and ex9 ercise of water rights to the same extent as any private

10 person is subject to such laws.

11 (b) CONSENT TO JOINDER.—(1) Consent is given to

12 join the United States in any administrative or judicial

13 proceeding of a State relating to the allocation, adjudica14 tion, appropriation, use, or exercise of a water right to

15 the same extent as any private person may be joined in

16 such a proceeding. The United States, when a party to

17 any such a proceeding, shall be—

18 (A) deemed to have waived any right to plead

19 that the State laws are inapplicable or that the

20 United States is not amenable thereto by reason of

21 its sovereignty, and

22 (B) subject to the judgments, orders, and de23 crees issued pursuant to any such proceeding, and

24 may obtain review thereof, in the same manner and

25 to the same extent as a private individual under like

26 circumstances.
3

•HR 1156 IH

1 (2) Consent and waiver by the United States under

2 this subsection is in addition to section 208 of the Act

3 of July 10, 1952 (43 U.S.C. 666; commonly referred to

4 as the ‘‘McCarran Amendment’’).

5 (c) IMPLIED FEDERAL RESERVED WATER

6 RIGHTS.—The withdrawal, designation, or other reserva7 tion of lands by the United States for any purpose (wheth8 er by statute or administrative action) does not give rise

9 by implication to a Federal reserved right to water relating

10 to such purpose.

11 SEC. 3. MANAGEMENT AND CONTROL OF WATER WITHIN A

12 STATE.

13 (a) IN GENERAL.—Notwithstanding any other provi14 sion of law and except as otherwise provided by this Act—

15 (1) management and control over water within

16 a State shall be subject to and in accordance with

17 the laws of the State in which such water is located;

18 (2) the authority of the Congress to regulate

19 water is expressly delegated to the respective States,

20 including the authority to regulate water in inter21 state commerce, whether as a usufructuary right, in

22 trade, or for travel; and

23 (3) the United States, and any agency or officer

24 on behalf of the United States, may exercise man25 agement and control over waters within a State only
4

•HR 1156 IH

1 in compliance with the laws of the State in which

2 the water is located.

3 (b) SUIT BY PRIVATE PARTIES.—The United States

4 waives sovereign immunity with respect to any claim for

5 declaratory, equitable, or injunctive relief brought by a

6 non-governmental entity against the United States under

7 the laws of a State relating to the management or control

8 of water within the State.

9 SEC. 4. COSTS AND FEES RELATING TO ADMINISTRATIVE

10 OR JUDICIAL PROCEEDINGS.

11 In any administrative or judicial proceeding in which

12 the United States participates pursuant to this Act or sec13 tion 208 of the Act of July 10, 1952 (43 U.S.C. 666; com14 monly referred to as the ‘‘McCarran Amendment’’), the

15 United States shall be subject to the imposition of costs

16 and fees to the same extent as costs and fees may be im17 posed on a private party.

18 SEC. 5. SAVINGS PROVISIONS AND DISCLAIMERS.

19 (a) IN GENERAL.—Nothing in this Act shall be con20 strued as—

21 (1) permitting appropriations of water under

22 State law which interfere with the provisions of

23 international treaties of the United States; or

24 (2) affecting, impairing, diminishing, subordi25 nating, or enlarging the rights of the United States
5

•HR 1156 IH

1 or any State to water under any international treaty

2 or interstate compact.

3 (b) SUBMERGED AND OUTER CONTINENTAL SHELF

4 LANDS.—Nothing in this Act shall be construed to affect

5 or modify the Submerged Lands Act (43 U.S.C. 1301 et

6 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C.

7 1331 et seq.).

8 SEC. 6. DEFINITION.

9 For the purposes of this Act, the term ‘‘State’’ in10 cludes the District of Columbia, the Commonwealth of

11 Puerto Rico, the Commonwealth of the Northern Mariana

12 Islands, American Samoa, Guam, and the Virgin Islands.

Æ