I 
119TH CONGRESS 
1ST SESSION 
H. R. 302 
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 HOUSE OF REPRESENTATIVES 
JANUARY 9, 2025 
Ms. MALOY (for herself, Mr. MOORE of Utah, Mr. FULCHER, Mr. BIGGS of 
Arizona, and Mr. ESTES) introduced the following bill; which was referred 
to the Committee on Natural Resources, and in addition to the Com-
mittee 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 Secretary of the Interior and 
the Secretary of Agriculture, 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 ‘‘Water Rights Protec-
tion Act of 2025’’. 
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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, al-
locating, regulating, permitting, and adjudi-
cating water use; and 
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(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 
water and groundwater that is inconsistent with 
such a connection recognized by State water 
law; or 
(B) take any action that adversely af-
fects— 
(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— 
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(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; 
(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; or 
(3) condition or withhold the issuance, renewal, 
amendment, or extension of any permit, approval, li-
cense, 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, loca-
tion of diversion or pumping, or place of use of 
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a State water right beyond any applicable limi-
tations under State water law; or 
(B) the modification of the terms and con-
ditions 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 re-
served water rights of the Federal Government on land 
administered by the Secretary. 
(d) FEDERAL POWER ACT.—Nothing in this Act lim-
its 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). 
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(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, en-
force, or protect a State water right owned by the United 
States. 
(g) INTERSTATE COMPACTS.—Nothing in this Act af-
fects an allocation contained in, or limitations and require-
ments of, any interstate water compact or decree of the 
Supreme Court of the United States interpreting or en-
forcing an interstate water compact. 
Æ 
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