I 
117TH CONGRESS 
1ST SESSION H. R. 1679 
To prohibit the Secretary of the Interior and the Secretary of Agriculture 
from conditioning any permit, lease, or other use agreement on the 
transfer of any water right to the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 9, 2021 
Mrs. BOEBERT (for herself, Mr. AMODEI, Mr. BIGGS, Mr. BUCK, Mr. ESTES, 
Mr. FULCHER, Mr. GOSAR, Ms. HERRELL, Mr. LAMALFA, Mr. LAM-
BORN, Mr. MCCLINTOCK, Mr. MOORE of Utah, Mr. NEWHOUSE, Mr. 
SIMPSON, and Mr. STEWART) introduced the following bill; which was re-
ferred 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 with-
in the jurisdiction of the committee concerned 
A BILL 
To prohibit the Secretary of the Interior and the Secretary 
of Agriculture from conditioning any permit, lease, or 
other use agreement on the transfer of any water right 
to the United States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Western Water Secu-
rity Act’’. 
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SEC. 2. POLICY DEVELOPMENT. 
When developing any rule, policy, directive, manage-
ment 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, al-
locating, regulating, permitting, and adjudi-
cating 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 reg-
ulatory requirement, than applicable State 
water law; and 
(2) shall not— 
(A) assert any connection between surface 
and groundwater that is inconsistent with such 
a connection recognized by State water law; or 
(B) take any action that adversely affects 
the authority of a State in permitting the bene-
ficial use of water, adjudicating water rights, 
definitions established by a State with respect 
to the term ‘‘beneficial use’’, ‘‘priority of water 
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rights’’, or ‘‘terms of use’’, or any other rights 
or obligations of a State established under 
State law. 
SEC. 3. 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 impair-
ment 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; or 
(2) require any water user (including any feder-
ally 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, re-
newal, amendment, or extension of any permit, ap-
proval, license, lease, allotment, easement, right-of- 
way, or other land use or occupancy agreement. 
SEC. 4. EFFECT. 
(a) EXISTING AUTHORITY.—Nothing in this Act lim-
its or expands any existing legally recognized authority of 
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the Secretary to issue, grant, or condition any permit, ap-
proval, license, lease, allotment, easement, right-of-way, or 
other land use or occupancy agreement on Federal land 
that is subject to the jurisdiction of the Secretary. 
(b) 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). 
(c) ENDANGERED SPECIES ACT.—Nothing in this 
Act affects the implementation of the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.). 
(d) FEDERAL RESERVED WATER RIGHTS.—Nothing 
in this Act limits or expands any existing and future re-
served water rights of the Federal Government on land 
administered by the Secretary. 
(e) FEDERAL POWER ACT.—Nothing in this Act lim-
its or expands authorities pursuant to section 4(e), 10(j), 
or 18 of the Federal Power Act (16 U.S.C. 797(e), 803(j), 
811). 
(f) INDIAN WATER RIGHTS.—Nothing in this Act 
limits or expands any existing and future reserved water 
right or treaty right of any federally recognized Indian 
Tribe. 
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(g) FEDERALLY HELD STATE WATER RIGHTS.— 
Nothing in this Act limits the ability of the Secretary, 
through applicable State procedures, to acquire, use, en-
force, or protect a State water right owned by the United 
States. 
(h) INTERSTATE COMPACTS.—Nothing in this Act ef-
fects the allocations contained in, or limitations and re-
quirements of, any interstate water compact or Supreme 
Court decree interpreting or enforcing the same. 
SEC. 5. 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’’— 
(A) means any surface, groundwater, or 
storage use filed, permitted, certificated, con-
firmed, decreed, adjudicated, or otherwise rec-
ognized by a judicial proceeding or by the State 
in which the user acquires possession of the 
water or puts it to beneficial use; and 
(B) includes water rights of federally rec-
ognized Indian Tribes. 
Æ 
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