[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 561 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 561

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2003

 Mr. Crapo (for himself, Mr. Enzi, Mr. Craig, Mr. Domenici, Mr. Burns, 
and Mr. Smith) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To preserve the authority of States over water within their boundaries, 
to delegate to States the authority of Congress 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. DEFINITION OF STATE.

    In 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.

SEC. 3. USE OF STATE LAW BY UNITED STATES FOR ACQUIRING AND EXERCISING 
              WATER RIGHTS.

    (a) In General.--When the United States seeks to appropriate water 
or acquire a water right in a State or to exercise any right with 
respect to a water right in a State, 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 a private person is subject to 
those laws.
    (b) Consent to Joinder.--
            (1) In general.--Consent is given to join the United States 
        in any administrative or judicial proceeding of a State 
        relating to the allocation, adjudication, appropriation, 
        acquisition, use, or exercise of a water right to the same 
        extent as any private person may be joined in such a 
        proceeding.
            (2) Waiver.--The United States, when a party to a 
        proceeding described in paragraph (1)--
                    (A) shall be deemed to have waived any right to 
                plead that the State laws are inapplicable or that the 
                United States is not amenable to the State laws by 
                reason of the sovereignty of the United States; and
                    (B) shall be subject to the judgments, orders, and 
                decrees issued in any such proceeding, and may obtain 
                review of those judgments, orders, and decrees in the 
                same manner and to the same extent as a private person 
                under like circumstances.
    (c) No Implied Federal Reserved Water Rights.--The withdrawal, 
designation, or other reservation of land 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 
that purpose.

SEC. 4. MANAGEMENT AND CONTROL OF WATER IN A STATE.

    (a) In General.--Notwithstanding any other provision of law--
            (1) management and control over water in a State shall be 
        subject to and in accordance with the laws of the State in 
        which the water is located;
            (2) Congress delegates to each State the authority to 
        regulate water, including the authority to regulate water in 
        interstate commerce (including regulation of usufructuary 
        rights, trade, and transportation); and
            (3) the United States, and any agency or officer on behalf 
        of the United States, may exercise management and control over 
        water in 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 nongovernmental entity against the 
United States under the laws of a State relating to the management or 
control of water in the State.

SEC. 5. COSTS AND FEES RELATING TO ADMINISTRATIVE OR JUDICIAL 
              PROCEEDINGS.

    In any administrative or judicial proceeding in which the United 
States participates under this Act or section 208 of the Act of July 
10, 1952 (commonly known as the ``McCarran Amendment'') (43 U.S.C. 
666), 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 
person.

SEC. 6. SAVINGS PROVISIONS AND DISCLAIMERS.

    (a) In General.--Nothing in this Act--
            (1) permits an appropriation of water under State law that 
        interferes with any treaty or other international agreement to 
        which the United States is a party; or
            (2) affects, impairs, diminishes, subordinates, or 
        enlarges--
                    (A) any right of the United States or any State to 
                water under any treaty or other international agreement 
                to which the United States is a party or under any 
                interstate compact; or
                    (B) any obligation of the United States to any 
                Indian or Indian tribe relating to water, or any claim 
                or right owned or held by or for any Indian or Indian 
                tribe relating to water, including any obligation, 
                claim, or right under any Indian water compact.
    (b) No Effect on Other Acts.--Nothing in this Act affects or 
modifies--
            (1) section 208 of the Act of July 10, 1952 (43 U.S.C. 
        666);
            (2) the Submerged Lands Act (43 U.S.C. 1301 et seq.); or
            (3) the Outer Continental Shelf Lands Act (43 U.S.C. 1331 
        et seq.).
                                 <all>