[Congressional Record Volume 141, Number 169 (Monday, October 30, 1995)]
[Extensions of Remarks]
[Page E2065]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       INTRODUCTION OF THE STATE WATER SOVEREIGNTY PROTECTION ACT

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                         HON. MICHAEL D. CRAPO

                                of idaho

                    in the house of representatives

                        Monday, October 30, 1995

  Mr. CRAPO. Mr. Speaker, I rise to introduce 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.
  Since 1866, Congress has recognized and deferred to the authority of 
the States to allocate and administer water within their borders. The 
Supreme Court has confirmed that this is an appropriate role for the 
States. Additionally, in 1952 the Congress passed the McCarran 
amendment which provides for the adjudication of State and Federal 
water claims in State water courts.
  However, despite both judicial and legislative edicts, I am deeply 
concerned that the administration, Federal agencies and some in 
Congress are setting the stage for ignoring long established statutory 
provisions concerning State water rights and State water contracts. The 
Endangered Species Act, the Clean Water Act, the Federal Land 
Management Policy Act, Endangered Species Act Recovery Plans, rangeland 
reform, and proposed wilderness legislation have been vehicles used to 
erode State sovereignty over its water.
  It is imperative that States maintain sovereignty over management and 
control of their water and river systems. All rights to water or 
reservations of rights for any purpose in States should be subject to 
the substantive and procedural laws of that State, not the Federal 
Government. To protect State water rights I am introducing the State 
Water Sovereignty Protection Act.

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