[Congressional Record Volume 143, Number 1 (Tuesday, January 7, 1997)]
[Extensions of Remarks]
[Pages E8-E9]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               THE STATE WATER SOVEREIGNTY PROTECTION ACT

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                         HON. MICHAEL D. CRAPO

                                of idaho

                    in the house of representatives

                        Tuesday, January 7, 1997

  Mr. CRAPO. Mr. Speaker, I rise to introduce the State Water 
Sovereignty Protection Act, a

[[Page E9]]

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 States the 
authority 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 the 
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 Policy 
Management Act, and proposed wilderness legislation have all 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 purposes 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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