[Congressional Record Volume 149, Number 36 (Thursday, March 6, 2003)]
[Senate]
[Page S3319]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAPO (for himself, Mr. Enzi, Mr. Craig, Mr. Domenici, Mr. 
        Burns, and Mr. Smith):
  S. 561. 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; to the Committee on the 
Judiciary.
   Mr. CRAPO. Mr. President, I rise to introduce the State Water 
Sovereignty Protection Act, 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 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 wilderness designations 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.
  The State Water Sovereignty Protection Act provides that whenever the 
United States seeks to appropriate water or acquire a water right, it 
will be subject to State procedural and substantive water law. The Act 
further holds that States control the water within their boundaries and 
that the Federal Government may exercise management or control over 
water only in compliance with State law. Finally, in any administrative 
or judicial proceeding in which the United States participates pursuant 
to the McCarran Amendment, the United States is subject to all costs 
and fees to the same extent as costs and fees may be imposed on a 
private party.
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