Water Rights Protection Act of 2025

Bill: 119-hr-302
Sponsor: full_name: Rep. Maloy, Celeste [R-UT-2]
Introduced: 2025-01-09
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: 2025-02-14
text: Referred to the Subcommittee on Conservation, Research, and Biotechnology.

Summaries:
action_date: 2025-01-09
action_desc: Introduced in House
text: <p><strong>Water Rights Protection Act of 2025</strong></p><p>This bill limits the transfer of&nbsp;water rights from water users to the Department of the Interior or the Department of Agriculture (USDA).</p><p>First, the bill&nbsp;prohibits Interior and USDA from conditioning the issuance or renewal of&nbsp;land use or occupancy agreements (e.g., permits and leases) on the transfer of any water right to the United States. Next, it prohibits Interior and USDA from&nbsp;requiring water users, including Indian tribes,&nbsp;to acquire water rights in the name of the United States as a condition of the issuance or renewal of a land use or occupancy agreement. Finally, it prohibits Interior and USDA from&nbsp;conditioning or withholding the issuance or renewal of land use or occupancy agreements on (1) limiting the date, time, quantity, location of diversion or pumping, or place of use of a&nbsp;state water right beyond any applicable limitations under&nbsp;state water law; or (2)&nbsp;modifying&nbsp;the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a state.</p><p>Interior and&nbsp;USDA must also ensure that federal action imposes no greater restriction or regulatory requirement than under applicable state water law.</p><p>Further, Interior and USDA must not take actions that adversely affect state authority in permitting water usage or in adjudicating water rights.</p>

tv_txt: I 119th CONGRESS 1st Session H. R. 302 IN THE HOUSE OF REPRESENTATIVES January 9, 2025 Ms. Maloy (for herself, Mr. Moore of Utah , Mr. Fulcher , Mr. Biggs of Arizona , and Mr. Estes ) 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 Secretary of the Interior and the Secretary of Agriculture, and for other purposes.

1. Short title This Act may be cited as the Water Rights Protection Act of 2025 . 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 water, groundwater, or water 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 the water to beneficial use, including water rights of federally recognized Indian Tribes. 3. 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) assert any connection between surface water and groundwater that is inconsistent with such a connection recognized by State water law; or (B) take any action that adversely affects— (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. 4. 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; (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; or (3) condition or withhold the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, in whole or in part, on— (A) limiting the date, time, quantity, location of diversion or pumping, or place of use of a State water right beyond any applicable limitations under State water law; or (B) the modification of the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a State. 5. Effect (a) 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). (b) Endangered species act Nothing in this Act affects the implementation of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (c) Federal reserved water rights Nothing in this Act limits or expands any existing or future reserved water rights of the Federal Government on land administered by the Secretary. (d) 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), 811). (e) Indian water rights Nothing in this Act limits or expands any existing or future reserved water right or treaty right of any federally recognized Indian Tribe. (f) 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. (g) Interstate Compacts Nothing in this Act affects an allocation contained in, or limitations and requirements of, any interstate water compact or decree of the Supreme Court of the United States interpreting or enforcing an interstate water compact.