II 

114TH CONGRESS 

1ST SESSION S. 982 

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 SENATE OF THE UNITED STATES 

APRIL 16, 2015 

Mr. BARRASSO (for himself, Mr. RISCH, Mr. FLAKE, Mr. GARDNER, Mr. 

HELLER, Mr. CRAPO, Mr. ENZI, Mr. HATCH, and Mrs. FISCHER) 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 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Water Rights Protec5 tion Act’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•S 982 IS

1 SEC. 2. DEFINITION OF WATER RIGHT. 

2 In this Act, the term ‘‘water right’’ means any sur3 face or groundwater right filed, permitted, certified, con4 firmed, decreed, adjudicated, or otherwise recognized by 

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

6 acquires possession of the water or puts the water to bene7 ficial use, including water rights for federally recognized 

8 Indian tribes. 

9 SEC. 3. TREATMENT OF WATER RIGHTS. 

10 The Secretary of the Interior and the Secretary of 

11 Agriculture shall not— 

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

13 the issuance, renewal, amendment, or extension of 

14 any permit, approval, license, lease, allotment, ease15 ment, right-of-way, or other land use or occupancy 

16 agreement on— 

17 (A) limitation or encumbrance of any 

18 water right, or the transfer of any water right 

19 (including joint and sole ownership), directly or 

20 indirectly to the United States or any other des21 ignee; or 

22 (B) any other impairment of any water 

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

24 recognized under State law, by Federal or State 

25 adjudication, decree, or other judgment, or pur26 suant to any interstate water compact; 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•S 982 IS

1 (2) require any water user (including any feder2 ally recognized Indian tribe) to apply for or acquire 

3 a water right in the name of the United States 

4 under State law as a condition of the issuance, re5 newal, amendment, or extension of any permit, ap6 proval, license, lease, allotment, easement, right-of7 way, or other land use or occupancy agreement; 

8 (3) assert jurisdiction over groundwater with9 drawals or impacts on groundwater resources, unless 

10 jurisdiction is asserted, and any regulatory or policy 

11 actions taken pursuant to such assertion are, con12 sistent with, and impose no greater restrictions or 

13 regulatory requirements than, applicable State laws 

14 (including regulations) and policies governing the 

15 protection and use of groundwater resources; or 

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

17 State in evaluating, allocating, and adjudicating the 

18 waters of the State originating on or under, or flow19 ing from, land owned or managed by the Federal 

20 Government. 

21 SEC. 4. RECOGNITION OF STATE AUTHORITY. 

22 (a) IN GENERAL.—In carrying out section 3, the Sec23 retary of the Interior and the Secretary of Agriculture 

24 shall— 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•S 982 IS

1 (1) recognize the longstanding authority of the 

2 States relating to evaluating, protecting, allocating, 

3 regulating, and adjudicating groundwater by any 

4 means, including a rulemaking, permitting, directive, 

5 water court adjudication, resource management 

6 planning, regional authority, or other policy; and 

7 (2) coordinate with the States in the adoption 

8 and implementation by the Secretary of the Interior 

9 or the Secretary of Agriculture of any rulemaking, 

10 policy, directive, management plan, or other similar 

11 Federal action so as to ensure that such actions are 

12 consistent with, and impose no greater restrictions 

13 or regulatory requirements than, State groundwater 

14 laws and programs. 

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

16 out this Act, the Secretary of the Interior and the Sec17 retary of Agriculture shall not take any action that ad18 versely affects— 

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

20 (2) the authority of a State in adjudicating 

21 water rights; 

22 (3) definitions established by a State with re23 spect to the term ‘‘beneficial use’’, ‘‘priority of water 

24 rights’’, or ‘‘terms of use’’; 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

•S 982 IS

1 (4) terms and conditions of groundwater with2 drawal, guidance and reporting procedures, and con3 servation and source protection measures established 

4 by a State; 

5 (5) the use of groundwater in accordance with 

6 State law; or 

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

8 established under State law. 

9 SEC. 5. EFFECT OF ACT. 

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

11 this Act limits or expands any existing legally recognized 

12 authority of the Secretary of the Interior or the Secretary 

13 of Agriculture to issue, grant, or condition any permit, ap14 proval, license, lease, allotment, easement, right-of-way, or 

15 other land use or occupancy agreement on Federal land 

16 subject to the jurisdiction of the Secretary of the Interior 

17 or the Secretary of Agriculture, respectively. 

18 (b) EFFECT ON RECLAMATION CONTRACTS.—Noth19 ing in this Act interferes with Bureau of Reclamation con20 tracts entered into pursuant to the reclamation laws. 

21 (c) EFFECT ON ENDANGERED SPECIES ACT.—Noth22 ing in this Act affects the implementation of the Endan23 gered Species Act of 1973 (16 U.S.C. 1531 et seq.). 

24 (d) EFFECT ON FEDERAL RESERVED WATER

25 RIGHTS.—Nothing in this Act limits or expands any existVerDate Sep 11 2014 06:07 Apr 23, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S982.IS S982

SSpencer on DSK4SPTVN1PROD with BILLS
6 

•S 982 IS

1 ing or claimed reserved water rights of the Federal Gov2 ernment on land administered by the Secretary of the In3 terior or the Secretary of Agriculture. 

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

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

6 10(j), or 18 of the Federal Power Act (16 U.S.C. 797(e), 

7 803(j), 811). 

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

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

10 of any federally recognized Indian tribe. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS