Western Water Security Act
Bill: H.R.1679 | Sponsor: Rep. Boebert, Lauren (R-CO)
Policy area: Public Lands and Natural Resources

Summary:
Water Rights Protection Act of 2021
This bill prohibits the Departments of the Interior and Agriculture from
When developing any rule or similar federal action relating to the issuance, renewal, amendment, or extension of any permit, such departments (1) shall recognize the longstanding water use authority of the states and coordinate with the states to ensure that any federal action is consistent with applicable state water law, and (2) shall not adversely affect the authority of a state in permitting the beneficial use of water or adjudicating water rights.

To prohibit the Secretary of the Interior and the Secretary of 
Agriculture from conditioning any permit, lease, or other use agreement 
on the transfer of any water right to the United States, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Western Water Security Act''.

SEC. 2. POLICY DEVELOPMENT.

    When 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, allocating, 
                regulating, permitting, and adjudicating 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 regulatory requirement, than 
                applicable State water law; and
            (2) shall not--
                    (A) assert any connection between surface and 
                groundwater that is inconsistent with such a connection 
                recognized by State water law; or
                    (B) take any action that adversely affects the 
                authority of a State in permitting the beneficial use 
                of water, adjudicating water rights, definitions 
                established by a State with respect to the term 
                ``beneficial use'', ``priority of water rights'', or 
                ``terms of use'', or any other rights or obligations of 
                a State established under State law.

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 impairment 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 federally 
        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, renewal, amendment, or extension of any 
        permit, approval, license, lease, allotment, easement, right-
        of-way, or other land use or occupancy agreement.

SEC. 4. EFFECT.

    (a) Existing Authority.--Nothing in this Act limits or expands any 
existing legally recognized authority of the Secretary to issue, grant, 
or condition any permit, approval, 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 and future reserved water rights of the Federal 
Government on land administered by the Secretary.
    (e) Federal Power Act.--Nothing in this Act limits 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 and future reserved water right or treaty right of any 
federally recognized Indian Tribe.
    (g) Federally Held State Water Rights.--Nothing in this Act limits 
the ability of the Secretary, through applicable State procedures, to 
acquire, use, enforce, or protect a State water right owned by the 
United States.
    (h) Interstate Compacts.--Nothing in this Act effects the 
allocations contained in, or limitations and requirements of, any 
interstate water compact or Supreme Court decree interpreting or 
enforcing the same.

SEC. 5. 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''--
                    (A) means any surface, groundwater, or storage use 
                filed, permitted, certificated, confirmed, decreed, 
                adjudicated, or otherwise recognized by a judicial 
                proceeding or by the State in which the user acquires 
                possession of the water or puts it to beneficial use; 
                and
                    (B) includes water rights of federally recognized 
                Indian Tribes.
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