[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 128 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 128

   To preserve the authority of the States over waters within their 
boundaries, to delegate the authority of the Congress to the States to 
                regulate water, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 1997

     Mr. Crapo (for himself, Mr. Hansen, Mr. Smith of Oregon, Mrs. 
  Chenoweth, and Mr. Skeen) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
 Committee on Resources, 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 preserve the authority of the States over waters within their 
boundaries, to delegate the authority of the Congress to the States to 
                regulate water, 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 ``State Water Sovereignty Protection 
Act''.

SEC. 2. USE OF STATE LAW BY UNITED STATES FOR ACQUIRING AND EXERCISING 
              WATER RIGHTS.

    (a) In General.--Whenever the United States seeks to appropriate 
water or acquire a water right within a State, or to exercise any right 
with respect to a water right, the United States shall be subject to 
all procedural and substantive laws of the State relating to the 
allocation, adjudication, appropriation, acquisition, use, and exercise 
of water rights to the same extent as any private person is subject to 
such laws.
    (b) Consent to Joinder.--(1) Consent is given to join the United 
States in any administrative or judicial proceeding of a State relating 
to the allocation, adjudication, appropriation, use, or exercise of a 
water right to the same extent as any private person may be joined in 
such a proceeding. The United States, when a party to any such a 
proceeding, shall be--
            (A) deemed to have waived any right to plead that the State 
        laws are inapplicable or that the United States is not amenable 
        thereto by reason of its sovereignty, and
            (B) subject to the judgments, orders, and decrees issued 
        pursuant to any such proceeding, and may obtain review thereof, 
        in the same manner and to the same extent as a private 
        individual under like circumstances.
    (2) Consent and waiver by the United States under this subsection 
is in addition to section 208 of the Act of July 10, 1952 (43 U.S.C. 
666; commonly referred to as the ``McCarran Amendment'').
    (c) Implied Federal Reserved Water Rights.--The withdrawal, 
designation, or other reservation of lands by the United States for any 
purpose (whether by statute or administrative action) does not give 
rise by implication to a Federal reserved right to water relating to 
such purpose.

SEC. 3. MANAGEMENT AND CONTROL OF WATER WITHIN A STATE.

    (a) In General.--Notwithstanding any other provision of law and 
except as otherwise provided by this Act--
            (1) management and control over water within a State shall 
        be subject to and in accordance with the laws of the State in 
        which such water is located;
            (2) the authority of the Congress to regulate water is 
        expressly delegated to the respective States, including the 
        authority to regulate water in interstate commerce, whether as 
        a usufructuary right, in trade, or for travel; and
            (3) the United States, and any agency or officer on behalf 
        of the United States, may exercise management and control over 
        waters within a State only in compliance with the laws of the 
        State in which the water is located.
    (b) Suit by Private Parties.--The United States waives sovereign 
immunity with respect to any claim for declaratory, equitable, or 
injunctive relief brought by a non-governmental entity against the 
United States under the laws of a State relating to the management or 
control of water within the State.

SEC. 4. COSTS AND FEES RELATING TO ADMINISTRATIVE OR JUDICIAL 
              PROCEEDINGS.

    In any administrative or judicial proceeding in which the United 
States participates pursuant to this Act or section 208 of the Act of 
July 10, 1952 (43 U.S.C. 666; commonly referred to as the ``McCarran 
Amendment''), the United States shall be subject to the imposition of 
costs and fees to the same extent as costs and fees may be imposed on a 
private party.

SEC. 5. SAVINGS PROVISIONS AND DISCLAIMERS.

    (a) In General.--Nothing in this Act shall be construed as--
            (1) permitting appropriations of water under State law 
        which interfere with the provisions of international treaties 
        of the United States; or
            (2) affecting, impairing, diminishing, subordinating, or 
        enlarging the rights of the United States or any State to water 
        under any international treaty or interstate compact.
    (b) Submerged and Outer Continental Shelf Lands.--Nothing in this 
Act shall be construed to affect or modify the Submerged Lands Act (43 
U.S.C. 1301 et seq.) or the Outer Continental Shelf Lands Act (43 
U.S.C. 1331 et seq.).

SEC. 6. DEFINITION.

    For the purposes of this Act, the term ``State'' includes the 
District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth 
of the Northern Mariana Islands, American Samoa, Guam, and the Virgin 
Islands.
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