Water Rights Protection Act of 2023

Subjects: Public Lands and Natural Resources, Administrative law and regulatory procedures, Department of Agriculture, Department of the Interior, Indian lands and resources rights, Intergovernmental relations, Land use and conservation, Licensing and registrations, State and local government operations, Water use and supply

Summary:  <p><b>Water Rights Protection Act of 2023</b></p> <p>This bill prohibits the Departments of the Interior and Agriculture from</p> <ul> <li>conditioning the issuance, renewal, amendment, or extension of any permit or other land use or occupancy agreement (permit) on the transfer of any water right to the United States or on any impairment of title granted or otherwise recognized under state law by federal or state action;</li> <li>requiring any water user (including a federally recognized Indian tribe) to apply for or acquire a water right in the name of the United States under state law as a condition of the issuance, renewal, amendment, or extension of such a permit; or </li> <li>conditioning or withholding the issuance, renewal, amendment, or extension of such a permit on limiting the date, time, quantity, location of diversion or pumping, or place of use of a state water right beyond any limitations under state water law, or on the modification of the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a state. </li> </ul> <p>In developing any rule or similar federal action relating to the issuance, renewal, amendment, or extension of any permit, such departments (1) shall recognize the longstanding water use authority of the states and coordinate with the states to ensure that any federal action is consistent with applicable state water law, and (2) shall not adversely affect the authority of a state in permitting the beneficial use of water or adjudicating water rights.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 64 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 64

    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

                            January 25, 2023

  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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Rights Protection Act of 
2023''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means, as 
        applicable--
                    (A) the Secretary of Agriculture; or
                    (B) the Secretary of the Interior.
            (2) Water right.--The term ``water right'' means any 
        surface water, groundwater, or water storage use filed, 
        permitted, certificated, confirmed, decreed, adjudicated, or 
        otherwise recognized by a judicial proceeding or by the State, 
        in which the user acquires possession of the water or puts the 
        water to beneficial use, including water rights of federally 
        recognized Indian Tribes.

SEC. 3. POLICY DEVELOPMENT.

    In developing any rule, policy, directive, management plan, or 
similar Federal action relating to the issuance, renewal, amendment, or 
extension of any permit, approval, license, lease, allotment, easement, 
right-of-way, or other land use or occupancy agreement, the Secretary--
            (1) shall--
                    (A) recognize the longstanding authority of the 
                States relating to evaluating, protecting, allocating, 
                regulating, permitting, and adjudicating water use; and
                    (B) coordinate with the States to ensure that any 
                rule, policy, directive, management plan, or similar 
                Federal action is consistent with, and imposes no 
                greater restriction or regulatory requirement, than 
                applicable State water law; and
            (2) shall not--
                    (A) assert any connection between surface water and 
                groundwater that is inconsistent with such a connection 
                recognized by State water law; or
                    (B) take any action that adversely affects--
                            (i) the authority of a State in--
                                    (I) permitting the beneficial use 
                                of water; or
                                    (II) adjudicating water rights;
                            (ii) any definition established by a State 
                        with respect to the term ``beneficial use'', 
                        ``priority of water rights'', or ``terms of 
                        use''; or
                            (iii) any other right or obligation of a 
                        State established under State law.

SEC. 4. TREATMENT OF WATER RIGHTS.

    The Secretary shall not--
            (1) condition the issuance, renewal, amendment, or 
        extension of any permit, approval, license, lease, allotment, 
        easement, right-of-way, or other land use or occupancy 
        agreement on the transfer of any water right (including joint 
        and sole ownership) directly or indirectly to the United 
        States, or on any impairment of title or interest, in whole or 
        in part, granted or otherwise recognized under State law, by 
        Federal or State adjudication, decree, or other judgment, or 
        pursuant to any interstate water compact;
            (2) require any water user (including any federally 
        recognized Indian Tribe) to apply for or acquire a water right 
        in the name of the United States under State law as a condition 
        of the issuance, renewal, amendment, or extension of any 
        permit, approval, license, lease, allotment, easement, right-
        of-way, or other land use or occupancy agreement; or
            (3) condition or withhold the issuance, renewal, amendment, 
        or extension of any permit, approval, license, lease, 
        allotment, easement, right-of-way, or other land use or 
        occupancy agreement, in whole or in part, on--
                    (A) limiting the date, time, quantity, location of 
                diversion or pumping, or place of use of a State water 
                right beyond any applicable limitations under State 
                water law; or
                    (B) the modification of the terms and conditions of 
                groundwater withdrawal, guidance and reporting 
                procedures, or conservation and source protection 
                measures established by a State.

SEC. 5. EFFECT.

    (a) Reclamation Contracts.--Nothing in this Act in any way 
interferes with any existing or future Bureau of Reclamation contract 
entered into pursuant to Federal reclamation law (the Act of June 17, 
1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and 
amendatory of that Act).
    (b) Endangered Species Act.--Nothing in this Act affects the 
implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.).
    (c) Federal Reserved Water Rights.--Nothing in this Act limits or 
expands any existing or future reserved water rights of the Federal 
Government on land administered by the Secretary.
    (d) Federal Power Act.--Nothing in this Act limits or expands 
authorities pursuant to sections 4(e), 10(j), or 18 of the Federal 
Power Act (16 U.S.C. 797(e), 803(j), 811).
    (e) Indian Water Rights.--Nothing in this Act limits or expands any 
existing or future reserved water right or treaty right of any 
federally recognized Indian Tribe.
    (f) Federally Held State Water Rights.--Nothing in this Act limits 
the ability of the Secretary, through applicable State procedures, to 
acquire, use, enforce, or protect a State water right owned by the 
United States.
    (g) Interstate Compacts.--Nothing in this Act affects an allocation 
contained in, or limitations and requirements of, any interstate water 
compact or decree of the Supreme Court of the United States 
interpreting or enforcing an interstate water compact.
                                 &lt;all&gt;
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