Water Rights Protection Act

Bill: 113-hr-3189
Sponsor: full_name: Rep. Tipton, Scott  R. [R-CO-3]
Introduced: 2013-09-26
Policy area: Water Resources Development
Subjects: Land use and conservation

Licensing and registrations

Water use and supply
Latest action: action_date: 2014-03-24
text: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

Summaries:
action_date: 2013-09-26
action_desc: Introduced in House
text: <p>Water Rights Protection Act - Prohibits the Secretary of the Interior and the Secretary of Agriculture (USDA) from: (1) conditioning 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 or relinquishment of any water right directly to the United States, in whole or in part, granted under state law, by federal or state adjudication, decree, or other judgment, or pursuant to any interstate water compact; and (2) requiring any water user to apply for a water right in the name of the United States under state law as a condition of such a land use or occupancy agreement.</p>

action_date: 2014-03-04
action_desc: Reported to House amended, Part I
text: <p>Water Rights Protection Act - Prohibits the Secretary of the Interior and the Secretary of Agriculture (USDA) from: (1) conditioning 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 directly to the United States, or any impairment in title, in whole or in part, granted or recognized under state law, by federal or state adjudication, decree, or other judgment, or pursuant to any interstate water compact; and (2) requiring any water user to apply for a water right in the name of the United States under state law as a condition of such a land use or occupancy agreement.</p> <p>States that nothing in this Act limits or expands any existing authority of the Secretaries to condition any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on federal lands subject to their respective jurisdictions.</p>

action_date: 2014-03-13
action_desc: Passed House amended
text: <p>Water Rights Protection Act - Prohibits the Secretary of the Interior and the Secretary of Agriculture (USDA) from: (1) conditioning 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 or sole ownership) directly to the United States, or any impairment in title, in whole or in part, granted or recognized under state law, by federal or state adjudication, decree, or other judgment, or pursuant to any interstate water compact; and (2) requiring any water user (including any federally recognized Indian tribe) to apply for a water right in the name of the United States under state law as a condition of such a land use or occupancy agreement.</p> <p>States that nothing in this Act shall: (1) limit or expand any existing authority of the Secretaries to condition any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on federal lands subject to their respective jurisdictions; (2) interfere with existing or future Bureau of Reclamation contracts; (3) affect the implementation of the Endangered Species Act of 1973; (4) limit or expand any existing federal reserved water rights on lands administered by the Secretary of the Interior or the Secretary of Agriculture; (5) limit or expand certain authorities under the Federal Power Act; and (6) limit or expand any existing reserved water right or treaty right of any federally recognized Indian tribe.</p>

tv_txt: I 113th CONGRESS 1st Session H. R. 3189 IN THE HOUSE OF REPRESENTATIVES September 26, 2013 Mr. Tipton (for himself, Mr. Bishop of Utah , Mr. McClintock , Mr. Amodei , and Mr. Polis ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee 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, relinquishment, or other impairment of any water right to the United States by the Secretaries of the Interior and Agriculture.

1. Short title This Act may be cited as the Water Rights Protection Act . 2. Treatment of water rights The Secretary of the Interior and the Secretary of Agriculture— (1) shall not 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 or relinquishment of any water right directly to the United States, in whole or in part, granted under State law, by Federal or State adjudication, decree, or other judgment, or pursuant to any interstate water compact and the Secretary of the Interior and the Secretary of Agriculture; and (2) shall not require any water user to apply for 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.

tv_txt: IB 113th CONGRESS 2d Session H. R. 3189 IN THE HOUSE OF REPRESENTATIVES AN ACT 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.

1. Short title This Act may be cited as the Water Rights Protection Act . 2. Treatment of water rights The Secretary of the Interior and the Secretary of Agriculture— (1) shall not 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 to the United States, or any impairment of title, 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; and (2) shall not 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. 3. Definition For purposes of this Act, the term water right 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. Such term shall include water rights for federally recognized Indian tribes. 4. Impact on existing authority Nothing in this Act limits or expands any existing legally recognized authority of the Secretaries to issue, grant, or condition any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on Federal lands subject to their respective jurisdictions. 5. Effect on reclamation contracts Nothing in this Act shall in any way interfere with existing or future Bureau of Reclamation contracts 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). 6. Effect on Endangered Species Act Nothing in this Act shall affect the implementation of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). 7. Effect on Federal reserved water rights Nothing in this Act limits or expands any existing reserved water rights of the Federal Government on lands administered by the Secretary of the Interior or the Secretary of Agriculture. 8. Effect on Federal Power Act Nothing in this Act limits or expands authorities pursuant to sections 4(e), 10(j), or 18 of the Federal Power Act ( 16 U.S.C. 797(e) , 803(j), and 811). 9. Effect on Indian water rights Nothing in this Act limits or expands any existing reserved water right or treaty right of any federally recognized Indian tribe.

Passed the House of Representatives March 13, 2014. Karen L. Haas, Clerk.

tv_txt: IIB 113th CONGRESS 2d Session H. R. 3189 IN THE SENATE OF THE UNITED STATES March 24, 2014 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT 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.

1. Short title This Act may be cited as the Water Rights Protection Act . 2. Treatment of water rights The Secretary of the Interior and the Secretary of Agriculture— (1) shall not 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 to the United States, or any impairment of title, 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; and (2) shall not 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. 3. Definition For purposes of this Act, the term water right 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. Such term shall include water rights for federally recognized Indian tribes. 4. Impact on existing authority Nothing in this Act limits or expands any existing legally recognized authority of the Secretaries to issue, grant, or condition any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on Federal lands subject to their respective jurisdictions. 5. Effect on reclamation contracts Nothing in this Act shall in any way interfere with existing or future Bureau of Reclamation contracts 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). 6. Effect on Endangered Species Act Nothing in this Act shall affect the implementation of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). 7. Effect on Federal reserved water rights Nothing in this Act limits or expands any existing reserved water rights of the Federal Government on lands administered by the Secretary of the Interior or the Secretary of Agriculture. 8. Effect on Federal Power Act Nothing in this Act limits or expands authorities pursuant to sections 4(e), 10(j), or 18 of the Federal Power Act ( 16 U.S.C. 797(e) , 803(j), and 811). 9. Effect on Indian water rights Nothing in this Act limits or expands any existing reserved water right or treaty right of any federally recognized Indian tribe.

Passed the House of Representatives March 13, 2014. Karen L. Haas, Clerk.

tv_txt: IB Union Calendar No. 278 113th CONGRESS 2d Session H. R. 3189 [Report No. 113–372, Part I] IN THE HOUSE OF REPRESENTATIVES September 26, 2013 Mr. Tipton (for himself, Mr. Bishop of Utah , Mr. McClintock , Mr. Amodei , and Mr. Polis ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee 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 March 4, 2014 Additional sponsors: Mr. Coffman , Mrs. Lummis , Mr. Simpson , Mr. Pearce , Mr. Matheson , Mr. Stewart , Mr. Chaffetz , Mr. Gosar , Mr. Cramer , Mr. Poe of Texas , and Mr. Gardner March 4, 2014 Reported from the Committee on Natural Resources with amendments Strike out all after the enacting clause and insert the part printed in italic March 4, 2014 The Committee on Agriculture discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on September 26, 2013 A BILL To prohibit the conditioning of any permit, lease, or other use agreement on the transfer, relinquishment, or other impairment of any water right to the United States by the Secretaries of the Interior and Agriculture.

1. Short title This Act may be cited as the Water Rights Protection Act . 2. Treatment of water rights The Secretary of the Interior and the Secretary of Agriculture— (1) shall not 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 directly to the United States, or any impairment of title, 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; and (2) shall not require any water user 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. 3. Definition For purposes of this Act, the term water right 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. 4. Impact on existing authority Nothing in this Act limits or expands any existing authority of the Secretaries to condition any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on Federal lands subject to their respective jurisdictions.

Amend the title so as to read: 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. .

March 4, 2014 Reported from the Committee on Natural Resources with amendments March 4, 2014 The Committee on Agriculture discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed