I
105TH CONGRESS
1ST SESSION
H. R. 128
To preserve the authority of the States over waters within their boundaries,
to delegate the authority of the Congress to the States to regulate
water, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 7, 1997
Mr. CRAPO
(for himself, Mr. HANSEN, Mr. SMITH
of Oregon, Mrs.
CHENOWETH, and Mr. SKEEN) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the Com-
mittee on Resources, 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 preserve the authority of the States over waters within
their boundaries, to delegate the authority of the Con-
gress to the States to regulate water, 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 ‘‘State Water Sov-
ereignty Protection Act’’.
SEC. 2. USE OF STATE LAW BY UNITED STATES FOR AC-
QUIRING AND EXERCISING WATER RIGHTS.
(a) IN GENERAL.—Whenever the United States seeks
to appropriate water or acquire a water right within a
State, or to exercise any right with respect to a water
right, the United States shall be subject to all procedural
and substantive laws of the State relating to the alloca-
tion, adjudication, appropriation, acquisition, use, and ex-
ercise of water rights to the same extent as any private
person is subject to such laws.
(b) CONSENT TO JOINDER.—(1) Consent is given to
join the United States in any administrative or judicial
proceeding of a State relating to the allocation, adjudica-
tion, appropriation, use, or exercise of a water right to
the same extent as any private person may be joined in
such a proceeding. The United States, when a party to
any such a proceeding, shall be—
(A) deemed to have waived any right to plead
that the State laws are inapplicable or that the
United States is not amenable thereto by reason of
its sovereignty, and
(B) subject to the judgments, orders, and de-
crees issued pursuant to any such proceeding, and
may obtain review thereof, in the same manner and
to the same extent as a private individual under like
circumstances.
(2) Consent and waiver by the United States under
this subsection is in addition to section 208 of the Act
of July 10, 1952 (43 U.S.C. 666; commonly referred to
as the ‘‘McCarran Amendment’’).
(c) 
IMPLIED
FEDERAL
RESERVED
WATER
RIGHTS.—The withdrawal, designation, or other reserva-
tion of lands by the United States for any purpose (wheth-
er by statute or administrative action) does not give rise
by implication to a Federal reserved right to water relating
to such purpose.
SEC. 3. MANAGEMENT AND CONTROL OF WATER WITHIN A
STATE.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as otherwise provided by this Act—
(1) management and control over water within
a State shall be subject to and in accordance with
the laws of the State in which such water is located;
(2) the authority of the Congress to regulate
water is expressly delegated to the respective States,
including the authority to regulate water in inter-
state commerce, whether as a usufructuary right, in
trade, or for travel; and
(3) the United States, and any agency or officer
on behalf of the United States, may exercise man-
agement and control over waters within a State only
in compliance with the laws of the State in which
the water is located.
(b) SUIT BY PRIVATE PARTIES.—The United States
waives sovereign immunity with respect to any claim for
declaratory, equitable, or injunctive relief brought by a
non-governmental entity against the United States under
the laws of a State relating to the management or control
of water within the State.
SEC. 4. COSTS AND FEES RELATING TO ADMINISTRATIVE
OR JUDICIAL PROCEEDINGS.
In any administrative or judicial proceeding in which
the United States participates pursuant to this Act or sec-
tion 208 of the Act of July 10, 1952 (43 U.S.C. 666; com-
monly referred to as the ‘‘McCarran Amendment’’), the
United States shall be subject to the imposition of costs
and fees to the same extent as costs and fees may be im-
posed on a private party.
SEC. 5. SAVINGS PROVISIONS AND DISCLAIMERS.
(a) IN GENERAL.—Nothing in this Act shall be con-
strued as—
(1) permitting appropriations of water under
State law which interfere with the provisions of
international treaties of the United States; or
(2) affecting, impairing, diminishing, subordi-
nating, or enlarging the rights of the United States
or any State to water under any international treaty
or interstate compact.
(b) SUBMERGED AND OUTER CONTINENTAL SHELF
LANDS.—Nothing in this Act shall be construed to affect
or modify the Submerged Lands Act (43 U.S.C. 1301 et
seq.) or the Outer Continental Shelf Lands Act (43 U.S.C.
1331 et seq.).
SEC. 6. DEFINITION.
For the purposes of this Act, the term ‘‘State’’ in-
cludes the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana
Islands, American Samoa, Guam, and the Virgin Islands.
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