[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1230 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 1230
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 SENATE OF THE UNITED STATES
May 25, 2017
Mr. Barrasso (for himself, Mr. Flake, Mr. Crapo, Mr. Enzi, Mr. Gardner,
Mr. Hatch, Mr. Heller, Mr. McCain, and Mr. Risch) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
_______________________________________________________________________
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.
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 ``Water Rights Protection 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 water, groundwater, or water storage right filed,
permitted, certificated, confirmed, decreed, adjudicated, or
otherwise recognized by a judicial proceeding or by the State,
in which the user acquires the right to put the water to
beneficial use, including 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 right (including joint
and sole ownership) directly to the United States, or on 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;
(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.
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, 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.
SEC. 5. EFFECT.
(a) Existing Authority.--Except as provided in section 3, 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 sections 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.
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