[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1230 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1230

    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 for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2017

Mr. Barrasso (for himself, Mr. Flake, Mr. Crapo, Mr. Enzi, Mr. Gardner, 
   Mr. Hatch, Mr. Heller, Mr. McCain, and Mr. Risch) 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 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 ``Water Rights Protection Act of 
2017''.

SEC. 2. 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'' means any 
        surface water, groundwater, or water storage right filed, 
        permitted, certificated, confirmed, decreed, adjudicated, or 
        otherwise recognized by a judicial proceeding or by the State, 
        in which the user acquires the right to put the water to 
        beneficial use, including water rights for federally recognized 
        Indian tribes.

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 to the United States, or on 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;
            (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; or
            (3) condition or withhold the issuance, renewal, amendment, 
        or extension of any permit, approval, license, lease, 
        allotment, easement, right-of-way, or other land use or 
        occupancy agreement, in whole or in part, on--
                    (A) limiting the date, time, quantity, location of 
                diversion or pumping, or place of use of a State water 
                right beyond any applicable limitations under State 
                water law; or
                    (B) the modification of the terms and conditions of 
                groundwater withdrawal, guidance and reporting 
                procedures, or conservation and source protection 
                measures established by a State.

SEC. 4. POLICY DEVELOPMENT.

    In 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) adversely affect--
                            (i) the authority of a State in--
                                    (I) permitting the beneficial use 
                                of water; or
                                    (II) adjudicating water rights;
                            (ii) any definition established by a State 
                        with respect to the term ``beneficial use'', 
                        ``priority of water rights'', or ``terms of 
                        use''; or
                            (iii) any other right or obligation of a 
                        State established under State law; or
                    (B) assert any connection between surface and 
                groundwater that is inconsistent with such a connection 
                recognized by State water laws.

SEC. 5. EFFECT.

    (a) Existing Authority.--Except as provided in section 3, 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 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 sections 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 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.
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