Water Rights Protection Act of 2017

Bill: 115-hr-2939
Sponsor: full_name: Rep. Tipton, Scott  R. [R-CO-3]
Introduced: 2017-06-20
Policy area: Public Lands and Natural Resources
Subjects: Administrative law and regulatory procedures

Department of Agriculture

Department of the Interior

Indian lands and resources rights

Intergovernmental relations

Land use and conservation

Licensing and registrations

State and local government operations

Water use and supply
Latest action: action_date: 2017-07-25
text: Placed on the Union Calendar, Calendar No. 187.

Summaries:
action_date: 2017-06-20
action_desc: Introduced in House
text: <p><b>Water Rights Protection Act of 2017</b></p> <p> This bill prohibits the Departments of the Interior and Agriculture from:</p> <ul> <li>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 (permit) on the transfer of any water right to the United States or on any impairment of title or interest granted or otherwise recognized under state law by federal or state action; or </li> <li>requiring any water user (including a 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 such a permit.</li> </ul> <p>In 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.</p>

action_date: 2017-07-25
action_desc: Reported to House without amendment, Part I
text: <p>(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)</p> <p><b>Water Rights Protection Act of 2017</b></p> <p> (Sec. 3) This bill prohibits the Departments of the Interior and Agriculture from:</p> <ul> <li>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 (permit) on the transfer of any water right to the United States or on any impairment of title or interest granted or otherwise recognized under state law by federal or state action; or </li> <li>requiring any water user (including a 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 such a permit.</li> </ul> <p>(Sec. 4) In 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.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 2939 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 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 of any water right to the United States by the Secretaries of the Interior and Agriculture, and for other purposes.

1. Short title This Act may be cited as the Water Rights Protection Act of 2017 . 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, 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. 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. 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, 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) adversely affect— (i) the authority of a State in— (I) permitting the beneficial use of water; or (II) adjudicating water rights; (ii) any definition established by a State with respect to the term beneficial use , priority of water rights , or terms of use ; or (iii) any other right or obligation of a State established under State law; or (B) assert any connection between surface and groundwater that is inconsistent with such a connection recognized by State water laws. 5. 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 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 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.

tv_txt: IB Union Calendar No. 187 115th CONGRESS 1st Session H. R. 2939 [Report No. 115–257, Part I] 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 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 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 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.

1. Short title This Act may be cited as the Water Rights Protection Act of 2017 . 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, 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. 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. 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, 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) adversely affect— (i) the authority of a State in— (I) permitting the beneficial use of water; or (II) adjudicating water rights; (ii) any definition established by a State with respect to the term beneficial use , priority of water rights , or terms of use ; or (iii) any other right or obligation of a State established under State law; or (B) assert any connection between surface and groundwater that is inconsistent with such a connection recognized by State water laws. 5. 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 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 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.

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