117 
(4) AVAILABILITY OF AMOUNTS.—Amounts de-
posited in the Account under this subsection shall— 
(A) be made available in accordance with 
this section, subject to appropriation; and 
(B) be in addition to amounts appropriated 
for such purposes under any other provision of 
law. 
(5) PURPOSES OF SURFACE WATER STORAGE.— 
Construction of surface water storage under this sec-
tion shall be made for the following purposes: 
(A) Increased municipal and industrial 
water supply. 
(B) Agricultural floodwater, erosion, and 
sedimentation reduction. 
(C) Agricultural drainage improvements. 
(D) Agricultural irrigation. 
(E) Increased recreation opportunities. 
(F) Reduced adverse impacts to fish and 
wildlife from water storage or diversion projects 
within watersheds associated with water storage 
projects funded under this section. 
(G) Any other purposes consistent with 
reclamation laws or other Federal law. 
(f) DEFINITIONS.—For the purposes of this title, the 
following definitions apply: 
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(1) ACCOUNT.—The term ‘‘Account’’ means the 
Reclamation Surface Water Storage Account estab-
lished under subsection (e)(2). 
(2) CONSTRUCTION.—The term ‘‘construction’’ 
means the designing, materials engineering and test-
ing, surveying, and building of surface water storage 
including additions to existing surface water storage 
and construction of new surface water storage facili-
ties, exclusive of any Federal statutory or regulatory 
obligations relating to any permit, review, approval, 
or other such requirement. 
(3) SURFACE
WATER
STORAGE.—The term 
‘‘surface water storage’’ means any federally owned 
facility under the jurisdiction of the Bureau of Rec-
lamation or any non-Federal facility used for the 
surface storage and supply of water resources. 
(4) TREASURY
RATE.—The term ‘‘Treasury 
rate’’ means the 20-year Constant Maturity Treas-
ury (CMT) rate published by the United States De-
partment of the Treasury existing on the effective 
date of the contract. 
(5) WATER
USERS’ ASSOCIATION.—The term 
‘‘water users’ association’’ means— 
(A) an entity organized and recognized 
under State laws that is eligible to enter into 
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contracts with reclamation to receive contract 
water for delivery to and users of the water and 
to pay applicable charges; and 
(B) includes a variety of entities with dif-
ferent names and differing functions, such as 
associations, conservatory district, irrigation 
district, municipality, and water project con-
tract unit. 
TITLE VIII—SAFETY OF DAMS 
SEC. 801. AUTHORIZATION OF ADDITIONAL PROJECT BENE-
FITS. 
The Reclamation Safety of Dams Act of 1978 is 
amended— 
(1) in section 3, by striking ‘‘Construction’’ and 
inserting ‘‘Except as provided in section 5B, con-
struction’’; and 
(2) by inserting after section 5A (43 U.S.C. 
509) the following: 
‘‘SEC. 5B. AUTHORIZATION OF ADDITIONAL PROJECT BEN-
EFITS. 
‘‘Notwithstanding section 3, if the Secretary deter-
mines that additional project benefits, including but not 
limited to additional conservation storage capacity, are 
feasible and not inconsistent with the purposes of this Act, 
the Secretary is authorized to develop additional project 
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benefits through the construction of new or supplementary 
works on a project in conjunction with the Secretary’s ac-
tivities under section 2 and subject to the conditions de-
scribed in the feasibility study, provided— 
‘‘(1) the Secretary determines that developing 
additional project benefits through the construction 
of new or supplementary works on a project will pro-
mote more efficient management of water and 
water-related facilities; 
‘‘(2) the feasibility study pertaining to addi-
tional project benefits has been authorized pursuant 
to section 8 of the Federal Water Project Recreation 
Act of 1965 (16 U.S.C. 4601–18); and 
‘‘(3) the costs associated with developing the 
additional project benefits are agreed to in writing 
between the Secretary and project proponents and 
shall be allocated to the authorized purposes of the 
structure and repaid consistent with all provisions of 
Federal Reclamation law (the Act of June 17, 1902, 
43 U.S.C. 371 et seq.) and Acts supplemental to 
and amendatory of that Act.’’. 
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121 
TITLE IX—WATER RIGHTS 
PROTECTION 
SEC. 901. SHORT TITLE. 
This title may be cited as the ‘‘Water Rights Protec-
tion Act’’. 
SEC. 902. DEFINITION OF WATER RIGHT. 
In this title, the term ‘‘water right’’ means any sur-
face or groundwater right filed, permitted, certified, con-
firmed, 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 bene-
ficial use, including water rights for federally recognized 
Indian tribes. 
SEC. 903. TREATMENT OF WATER RIGHTS. 
The Secretary of the Interior and the Secretary of 
Agriculture shall not— 
(1) condition or withhold, in whole or in part, 
the issuance, renewal, amendment, or extension of 
any permit, approval, license, lease, allotment, ease-
ment, right-of-way, or other land use or occupancy 
agreement on— 
(A) limitation or encumbrance of any 
water right, or the transfer of any water right 
(including joint and sole ownership), directly or 
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indirectly to the United States or any other des-
ignee; or 
(B) any other impairment of any water 
right, in whole or in part, granted or otherwise 
recognized under State law, by Federal or State 
adjudication, decree, or other judgment, or pur-
suant 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; 
(3) assert jurisdiction over groundwater with-
drawals or impacts on groundwater resources, unless 
jurisdiction is asserted, and any regulatory or policy 
actions taken pursuant to such assertion are, con-
sistent with, and impose no greater restrictions or 
regulatory requirements than, applicable State laws 
(including regulations) and policies governing the 
protection and use of groundwater resources; or 
(4) infringe on the rights and obligations of a 
State in evaluating, allocating, and adjudicating the 
waters of the State originating on or under, or flow-
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ing from, land owned or managed by the Federal 
Government. 
SEC. 904. RECOGNITION OF STATE AUTHORITY. 
(a) IN GENERAL.—In carrying out section 903, the 
Secretary of the Interior and the Secretary of Agriculture 
shall— 
(1) recognize the longstanding authority of the 
States relating to evaluating, protecting, allocating, 
regulating, and adjudicating groundwater by any 
means, including a rulemaking, permitting, directive, 
water court adjudication, resource management 
planning, regional authority, or other policy; and 
(2) coordinate with the States in the adoption 
and implementation by the Secretary of the Interior 
or the Secretary of Agriculture of any rulemaking, 
policy, directive, management plan, or other similar 
Federal action so as to ensure that such actions are 
consistent with, and impose no greater restrictions 
or regulatory requirements than, State groundwater 
laws and programs. 
(b) EFFECT ON STATE WATER RIGHTS.—In carrying 
out this title, the Secretary of the Interior and the Sec-
retary of Agriculture shall not take any action that ad-
versely affects— 
(1) any water rights granted by a State; 
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(2) the authority of a State in adjudicating 
water rights; 
(3) definitions established by a State with re-
spect to the term ‘‘beneficial use’’, ‘‘priority of water 
rights’’, or ‘‘terms of use’’; 
(4) terms and conditions of groundwater with-
drawal, guidance and reporting procedures, and con-
servation and source protection measures established 
by a State; 
(5) the use of groundwater in accordance with 
State law; or 
(6) any other rights and obligations of a State 
established under State law. 
SEC. 905. EFFECT OF TITLE. 
(a) EFFECT ON EXISTING AUTHORITY.—Nothing in 
this title limits or expands any existing legally recognized 
authority of the Secretary of the Interior or the Secretary 
of Agriculture 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 
subject to the jurisdiction of the Secretary of the Interior 
or the Secretary of Agriculture, respectively. 
(b) EFFECT ON RECLAMATION CONTRACTS.—Noth-
ing in this title interferes with Bureau of Reclamation con-
tracts entered into pursuant to the reclamation laws. 
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(c) EFFECT ON ENDANGERED SPECIES ACT.—Noth-
ing in this title affects the implementation of the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.). 
(d) EFFECT
ON
FEDERAL
RESERVED
WATER 
RIGHTS.—Nothing in this title limits or expands any exist-
ing or claimed reserved water rights of the Federal Gov-
ernment on land administered by the Secretary of the In-
terior or the Secretary of Agriculture. 
(e) EFFECT ON FEDERAL POWER ACT.—Nothing in 
this title limits or expands authorities under sections 4(e), 
10(j), or 18 of the Federal Power Act (16 U.S.C. 797(e), 
803(j), 811). 
(f) EFFECT ON INDIAN WATER RIGHTS.—Nothing in 
this title limits or expands any water right or treaty right 
of any federally recognized Indian tribe. 
Æ 
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