IB 
Union Calendar No. 187 
115TH CONGRESS 
1ST SESSION H. R. 2939 
[Report No. 115–257, Part I] 
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 
JULY 25, 2017 
Additional sponsors: Mr. LABRADOR, Mr. PEARCE, and Mr. BUCK 
JULY 25, 2017 
Reported from the Committee on Natural Resources 
JULY 25, 2017 
The Committee on Agriculture discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed 
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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. 
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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’’. 
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 
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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 
(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 
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proval, license, lease, allotment, easement, right-of-way, or 
other land use or occupancy agreement on Federal land 
that is subject to the jurisdiction of the Secretary. 
(b) 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). 
(c) ENDANGERED SPECIES ACT.—Nothing in this 
Act affects the implementation of the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.). 
(d) FEDERAL RESERVED WATER RIGHTS.—Nothing 
in this Act limits or expands any existing reserved water 
rights of the Federal Government on land administered 
by the Secretary. 
(e) FEDERAL POWER ACT.—Nothing in this Act lim-
its or expands authorities pursuant to section 4(e), 10(j), 
or 18 of the Federal Power Act (16 U.S.C. 797(e), 803(j), 
811). 
(f) INDIAN WATER RIGHTS.—Nothing in this Act 
limits or expands any existing reserved water right or trea-
ty right of any federally recognized Indian Tribe. 
(g) FEDERALLY HELD STATE WATER RIGHTS.— 
Nothing in this Act limits the ability of the Secretary, 
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through applicable State procedures, to acquire, use, en-
force, or protect a State water right owned by the United 
States. 
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Union Calendar No. 187 
115TH CONGRESS 
1ST SESSION 
H. R. 2939 
[Report No. 115–257, Part I] 
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 pur-
poses. 
JULY 25, 2017 
Reported from the Committee on Natural Resources 
JULY 25, 2017 
The Committee on Agriculture discharged; committed to 
the Committee of the Whole House on the State of the 
Union and ordered to be printed 
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