[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1679 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1679
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 9, 2021
Mrs. Boebert (for herself, Mr. Amodei, Mr. Biggs, Mr. Buck, Mr. Estes,
Mr. Fulcher, Mr. Gosar, Ms. Herrell, Mr. LaMalfa, Mr. Lamborn, Mr.
McClintock, Mr. Moore of Utah, Mr. Newhouse, Mr. Simpson, and Mr.
Stewart) 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 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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