I 
115TH CONGRESS 
1ST SESSION H. R. 2939 
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 for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 20, 2017 
Mr. TIPTON (for himself, Mr. LAMBORN, Mr. MCCLINTOCK, Mr. GOSAR, Mr. 
AMODEI, Mrs. LOVE, Mr. SCHWEIKERT, Mr. LAMALFA, Mr. SIMPSON, 
and Mr. WESTERMAN) 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 Secretaries of the Interior and 
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 2017’’. 
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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, groundwater, or storage use 
filed, permitted, certificated, confirmed, decreed, ad-
judicated, or otherwise recognized by a judicial pro-
ceeding or by the State in which the user acquires 
possession of the water or puts it to beneficial use. 
Such term shall include water rights for federally 
recognized Indian Tribes. 
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 
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(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. 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 
(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— 
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