I 
114TH CONGRESS 
1ST SESSION H. R. 1830 
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 HOUSE OF REPRESENTATIVES 
APRIL 16, 2015 
Mr. TIPTON (for himself, Mr. AMODEI, Mr. BUCK, Mr. CHAFFETZ, Mr. COFF-
MAN, Mr. GOSAR, Mr. KELLY of Pennsylvania, Mr. LABRADOR, Mr. 
LAMALFA, Mrs. LOVE, Mr. LAMBORN, Mrs. LUMMIS, Mr. MCCLINTOCK, 
Mr. PEARCE, Mr. REED, Mr. RIBBLE, Mr. SIMPSON, Mr. SMITH of 
Texas, Mr. STEWART, Mr. THOMPSON of Pennsylvania, Mr. WESTERMAN, 
Mr. ZINKE, and Mr. FRANKS of Arizona) introduced the following bill; 
which was referred to the Committee on Natural Resources, and in addi-
tion to the Committee on Agriculture, for a period to be subsequently de-
termined 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 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Water Rights Protec-
tion Act’’. 
SEC. 2. DEFINITION OF WATER RIGHT. 
In this Act, 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. 3. 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 
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 
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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-
ing from, land owned or managed by the Federal 
Government. 
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SEC. 4. RECOGNITION OF STATE AUTHORITY. 
(a) IN GENERAL.—In carrying out section 3, the Sec-
retary 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 Act, 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; 
(2) the authority of a State in adjudicating 
water rights; 
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(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. 5. EFFECT OF ACT. 
(a) EFFECT ON EXISTING AUTHORITY.—Nothing in 
this Act 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 Act 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 Act 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 Act 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 Act 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 Act limits or expands any water right or treaty right 
of any federally recognized Indian tribe. 
Æ 
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