113 HR 3189 : Water Rights Protection Act U.S. House of Representatives 2014-03-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IIB 113th CONGRESS2d Session H. R. 3189 IN THE SENATE OF THE UNITED STATES March 24, 2014Received; read twice and referred to the Committee on Energy and Natural ResourcesAN 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.