[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 982 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 982

    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 to require the 
 Secretaries of the Interior and Agriculture to develop water planning 
                 instruments consistent with State law.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 16, 2015

   Mr. Barrasso (for himself, Mr. Risch, Mr. Flake, Mr. Gardner, Mr. 
 Heller, Mr. Crapo, Mr. Enzi, Mr. Hatch, and Mrs. Fischer) 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 to require the 
 Secretaries of the Interior and Agriculture to develop water planning 
                 instruments consistent with State law.

    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''.

SEC. 2. DEFINITION OF WATER RIGHT.

    In this Act, the term ``water right'' means any surface or 
groundwater right filed, permitted, certified, 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 the 
water to beneficial use, including water rights for federally 
recognized Indian tribes.

SEC. 3. TREATMENT OF WATER RIGHTS.

    The Secretary of the Interior and the Secretary of Agriculture 
shall not--
            (1) condition or withhold, in whole or in part, 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--
                    (A) limitation or encumbrance of any water right, 
                or the transfer of any water right (including joint and 
                sole ownership), directly or indirectly to the United 
                States or any other designee; or
                    (B) any other impairment of any water right, 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;
            (3) assert jurisdiction over groundwater withdrawals or 
        impacts on groundwater resources, unless jurisdiction is 
        asserted, and any regulatory or policy actions taken pursuant 
        to such assertion are, consistent with, and impose no greater 
        restrictions or regulatory requirements than, applicable State 
        laws (including regulations) and policies governing the 
        protection and use of groundwater resources; or
            (4) infringe on the rights and obligations of a State in 
        evaluating, allocating, and adjudicating the waters of the 
        State originating on or under, or flowing from, land owned or 
        managed by the Federal Government.

SEC. 4. RECOGNITION OF STATE AUTHORITY.

    (a) In General.--In carrying out section 3, the Secretary of the 
Interior and the Secretary of Agriculture shall--
            (1) recognize the longstanding authority of the States 
        relating to evaluating, protecting, allocating, regulating, and 
        adjudicating groundwater by any means, including a rulemaking, 
        permitting, directive, water court adjudication, resource 
        management planning, regional authority, or other policy; and
            (2) coordinate with the States in the adoption and 
        implementation by the Secretary of the Interior or the 
        Secretary of Agriculture of any rulemaking, policy, directive, 
        management plan, or other similar Federal action so as to 
        ensure that such actions are consistent with, and impose no 
        greater restrictions or regulatory requirements than, State 
        groundwater laws and programs.
    (b) Effect on State Water Rights.--In carrying out this Act, the 
Secretary of the Interior and the Secretary of Agriculture shall not 
take any action that adversely affects--
            (1) any water rights granted by a State;
            (2) the authority of a State in adjudicating water rights;
            (3) definitions established by a State with respect to the 
        term ``beneficial use'', ``priority of water rights'', or 
        ``terms of use'';
            (4) terms and conditions of groundwater withdrawal, 
        guidance and reporting procedures, and conservation and source 
        protection measures established by a State;
            (5) the use of groundwater in accordance with State law; or
            (6) any other rights and obligations of a State established 
        under State law.

SEC. 5. EFFECT OF ACT.

    (a) Effect on Existing Authority.--Nothing in this Act limits or 
expands any existing legally recognized authority of the Secretary of 
the Interior or the Secretary of Agriculture 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 
subject to the jurisdiction of the Secretary of the Interior or the 
Secretary of Agriculture, respectively.
    (b) Effect on Reclamation Contracts.--Nothing in this Act 
interferes with Bureau of Reclamation contracts entered into pursuant 
to the reclamation laws.
    (c) Effect on 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) Effect on Federal Reserved Water Rights.--Nothing in this Act 
limits or expands any existing or claimed reserved water rights of the 
Federal Government on land administered by the Secretary of the 
Interior or the Secretary of Agriculture.
    (e) Effect on Federal Power Act.--Nothing in this Act limits or 
expands authorities under sections 4(e), 10(j), or 18 of the Federal 
Power Act (16 U.S.C. 797(e), 803(j), 811).
    (f) Effect on Indian Water Rights.--Nothing in this Act limits or 
expands any water right or treaty right of any federally recognized 
Indian tribe.
                                 <all>