[Congressional Record Volume 160, Number 45 (Friday, March 21, 2014)]
[Extensions of Remarks]
[Pages E407-E408]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        IN SUPPORT OF H.R. 3189

                                 ______
                                 

                          HON. SCOTT R. TIPTON

                              of colorado

                    in the house of representatives

                         Friday, March 21, 2014

  Mr. TIPTON. Mr. Speaker, I would like to submit the following:

                                       Montezuma Valley Irrigation


                                                      Company,

                                                  Cortez, CO 81321
       To Whom It May Concern: At their regularly scheduled 
     meeting on October 8, 2013, the Board of Directors of 
     Montezuma Valley Irrigation Company voted unanimously to 
     support the proposed House Resolution 3189 introduced by 
     Representative Scott Tipton and others.
       We believe that this Bill is critical to protect water 
     rights held by citizens and entities such as ours from 
     usurpation by Federal agencies. In doing so, it preserves the 
     water rights long held by, and essential to the survival of, 
     agribusinesses, recreational businesses, municipalities, and 
     individuals throughout our state and all states that receive 
     water from rivers and streams originating in the state of 
     Colorado.
           Regards,
                                               Gerald Koppenhafer,
                                             MVIC Board President.
                                  ____
                                  


                                             Montezuma County,

                                                 October 15, 2013.
     Congressman Scott Tipton,
     House of Representatives,
     Third District, Durango, CO.
       Dear Representative Tipton: The Montezuma County Board of 
     County Commissioners would like to strongly express our 
     formal support for the proposed House H.R. 3189, the Water 
     Rights Protection Act.
       The USFS and BLM are notorious for attempting to subjugate 
     private property rights through coercion and deception. 
     Recently the USFS has attempted to coerce water users to 
     apply for water rights in the name of the United States 
     rather than the name of the purchaser as a condition to be 
     permitted to operate on federal lands.
       This action is unethical, constitutes a federal taking of 
     private property without just compensation, and is a 
     violation of the Takings Clause of the Fifth Amendment of the 
     United States Constitution. Moreover this is a blatant 
     attempt to subvert longstanding state water laws in the 
     western United States which under the United States 
     Constitution belongs under state authority.
       These actions have already had a negative effect on ski 
     areas which are critical to western states economies. Since 
     many of the municipalities and agricultural operations rely 
     upon similar storage facilities they are equally at risk 
     since most of the absolute and conditional water rights in 
     the arid west originate on high altitude federal lands where 
     annual precipitation accumulates as snow fall.
       The Water Rights Protection Act, House H.R. 3189, will 
     protect our western communities, family farms, small 
     business, energy development and other economic activities 
     that rely upon privately held water rights for our livelihood 
     and way of life.
       This Bill will assist in establishing clear boundaries for 
     federal jurisdiction and help prevent federal overreaches.
       The Montezuma County Board of County Commissioners
     Steve D. Chappell,
     Keenan G. Ertel,
     Larry Don Suckla.
                                  ____
                                  


                                                  Mesa County,

                            Grand Junction, CO, December 19, 2013.
     Re House Resolution 3189--Water Rights Protection Act of 2013
     Hon. Mark Udall,
     U.S. Senate,
     Grand Junction, CO.
       Dear Senator Udall: As you know, Representative Tipton has 
     authored House Resolution 3189, The Water Rights Protection 
     Act of 2013. H.R. 3189 protects privately held water rights, 
     prohibits federal taking of water rights and upholds state 
     water law.
       It is within your power to circumvent these future problems 
     through legislative intervention. The bill would prohibit 
     agencies from implementing a permit condition that requires 
     the transfer of privately held water rights to the federal 
     government in order to receive or renew a permit for the use 
     of land. In addition the bill prohibits the Secretary of the 
     Interior and the Secretary of Agriculture from requiring 
     water users to acquire rights for the United States rather 
     than for the water user themselves. This bill upholds 
     longstanding federal deference to state water law and has no 
     cost to the American taxpayer.
       On behalf of the 150,000 constituents of Mesa County, the 
     Board of Commissioners asks for you to support this 
     legislation, not simply through non-binding administrative 
     action but rather by making this action law. The 
     Commissioners fear that without supporting this bill to law, 
     any temporary administrative ``patch'' will lead to future 
     crisis of water rights in Mesa County.
       Thank you.
           Sincerely,
       Board of County Commissioners.
     Steve Acquafresca,
       Chair,
     Rose Pugliese,
       Commissioner,
     John Justman,
       Commissioner.
                                  ____
                                  
                                                 Mesa County Board


                                      of County Commissioners,

                            Grand Junction, CO, December 19, 2013.
     Re House Resolution 3189--Water Rights Protection Act of 2013

     Hon. Michael Bennet,
     U.S. Senate,
     Grand Junction, CO.
       Dear Senator Bennet: As you know, Representative Tipton has 
     authored House Resolution 3189, The Water Rights Protection 
     Act of 2013. HR 3189 protects privately held water rights, 
     prohibits federal taking of water rights and upholds state 
     water law.
       It is within your power to circumvent these future problems 
     through legislative intervention. The bill would prohibit 
     agencies from implementing a permit condition that requires 
     the transfer of privately held water rights to the federal 
     government in

[[Page E408]]

     order to receive or renew a permit for the use of land. In 
     addition the bill prohibits the Secretary of the Interior and 
     the Secretary of Agriculture from requiring water users to 
     acquire rights for the United States rather than for the 
     water user themselves. This bill upholds longstanding federal 
     deference to state water law and has no cost to the American 
     taxpayer.
       On behalf of the 150,000 constituants of Mesa County, the 
     Board of Commissioners asks for you to support this 
     legislation, not simply through non-binding administrative 
     action but rather by making this action law. The 
     Commissioners fear that without supporting this bill to law, 
     any temporary administrative ``patch'' will lead to future 
     crisis of water rights in Mesa County.
       Thank you.
           Sincerely,
     Steve Acquafresca,
       Chair,
     Rose Pugliese,
       Commissioner,
     John Justman,
       Commissioner.
                                  ____

                                               Mesa County, County


                                     Commissioner, District 2,

                             Grand Junction, CO, October 10, 2013.
     Re H.R. 3189

     Hon. Scott Tipton,
     Washington, DC.
       Dear Congressman Tipton: I sincerely appreciate your 
     leadership in Colorado and Western water matters. H.R. 3189 
     exemplifies that leadership. I lend my full support to H.R. 
     3189 with the consensus amendments developed by your staff, 
     the national ski areas and the Colorado River Water 
     Conservation District.
       With the clarifying amendments, H.R. 3189 provides 
     responsible side boards to agency actions when permitting 
     allowable activities and uses on federal lands. It prohibits 
     the transfer of ownership of privately held water rights in 
     exchange for required permits. I am also pleased that your 
     staff will prepare a sponsor's statement to confirm that the 
     bill will not change existing law that allows reasonable 
     permit conditions that can protect both the natural 
     environment and present and future downstream water users 
     dependent on the public lands for critical water supplies.
       I want to express my genuine appreciation for you and your 
     staff's willingness to develop legislation that accomplishes 
     our mutual goals of protecting private property interests in 
     western water while maintaining the authority to condition 
     permits to ensure responsible exercise of those rights.
           Sincerely,
                                               Steven Acquafresca,
     Chairman, Board of Commissioners.
                                  ____



                                    Chamber of Commerce of the

                                     United States of America,

                                   Washington, DC, March 10, 2014.
       To the Members of the U.S. House of Representatives: The 
     U.S. Chamber of Commerce, the world's largest business 
     federation representing the interests of more than three 
     million businesses of all sizes, sectors, and regions, as 
     well as state and local chambers and industry associations, 
     and dedicated to promoting, protecting, and defending 
     America's free enterprise system, strongly supports H.R. 
     3189, the ``Water Rights Protection Act.'' This bipartisan 
     bill would protect water supplies and property rights from 
     federal agency overreach by ensuring that the federal 
     government cannot condition its approval of permits, leases, 
     and other use agreements on the restriction or loss of 
     applicable state water rights.
       While eastern states typically apply riparian law to water 
     rights questions, western states generally use the prior 
     appropriation doctrine, which is ``first in time, first in 
     right.'' State laws protecting waters for multiple uses in 
     western states have been in existence for over a century. 
     Water rights are obtained by diverting water for ``beneficial 
     use,'' which can include domestic use, irrigation, 
     manufacturing, mining, hydropower, municipal use, 
     agriculture, and others depending on state law.
       Recent federal actions have threatened this longstanding 
     federal-state water rights relationship. Agencies 
     increasingly require unnecessary and restrictive use 
     conditions that must be met before land owners can receive or 
     renew a permit. H.R. 3189 would 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.
       H.R. 3189 would protect water uses while ensuring that 
     state water laws are upheld by prohibiting federal agencies 
     from imposing permit conditions that requires privately held 
     water rights to be transferred to the federal government in 
     exchange for a new or renewed permit to operate on federal 
     land.
       This bill would ensure that the longstanding federal-state 
     water relationship is maintained and not compromised by the 
     placement of unreasonable permit conditions. The Chamber 
     strongly supports H.R. 3189.
           Sincerely,

                                              R. Bruce Josten,

                                         Executive vice president,
     Government Affairs.
                                  ____



                                          Gunnison County, CO,

                                                 October 22, 2013.
     Hon. Scott Tipton,
     Washington, DC.
     Hon. Jared Polis,
     Washington, DC.
       Honorable Representatives: The Board of County 
     Commissioners of Gunnison County, Colorado commend you for 
     sponsoring ``The Water Rights Protection Act.'' The Board 
     will work closely with you to broaden bipartisan support for 
     this measure and to gain its consideration and approval.
       The Water Rights Protection Act would protect privately 
     held water rights, prohibits federal takings, and upholds 
     state water law by:
       Prohibiting agencies from implementing a permit condition 
     that requires the transfer of privately held water rights to 
     the federal government in order to receive or renew a permit 
     for the use of land;
       Prohibiting the Secretary of the Interior and the Secretary 
     of Agriculture from requiring water users to acquire water 
     rights for the United States rather than for the water user 
     themselves;
       Upholds longstanding federal deference to state water law;
       Has no cost to the American taxpayer.
       Note: We are informed that you are diligently working to 
     address the concern that the bill, as introduced, would not 
     provide for the opportunity to condition relevant federal 
     permits regarding transbasin diversion of water to require 
     appropriate ``by-pass'' flows. We support this clarification 
     and this issue can be addressed--perhaps through a 
     combination of additional language, a well crafted 
     ``legislative history'', and a ``savings clause.''
       In the main, H.R. 3189 grants no new rights to any party, 
     nor does it in any way infringe on existing rights of 
     individuals, states or the federal government. This 
     legislation simply reaffirms what has been existing law for 
     generations and which is expressed in numerous places in 
     federal law, including the Mining Act of 1872; the 1897 
     Organic Act establishing the U.S. Forest Service; the Taylor 
     Grazing Act; and the Federal Land Policy and Management Act 
     of 1976.
       There is no provision in federal law authorizing or 
     permitting the Forest Service or the Bureau of Land 
     Management to compel owners of lawfully acquired water rights 
     to surrender those rights or to acquire them in the name of 
     the United States. Thus, H.R. 3189 does nothing more than 
     assure holders of BLM or Forest Service permits that their 
     lawfully acquired rights will not be abridged and that 
     federal agencies may not unlawfully use the permit process to 
     acquire rights they do not currently possess.
       We look forward to working with you on this important 
     legislation and again commend you for your leadership in this 
     important area.
           Sincerely,
       The Board of County Commissioners of the County of 
     Gunnison, Colorado.
     Paula Swenson,
       Chairperson.
     Phil Chamberland,
       Vice-Chairperson.
     Jonathan Houck,
       Commissioner.

                          ____________________