[Congressional Record Volume 160, Number 45 (Friday, March 21, 2014)]
[Extensions of Remarks]
[Pages E408-E410]
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:

                                                Rio Grande County,


                                Board of County Commissioners,

                            Del Norte, Colorado, October 16, 2013.
     Re Support of the Water Rights Protection Act H.R. 3189

     Hon. Scott Tipton,
     Cannon House Office Building, Washington, DC.
     Hon. Jared Polis,
     Longworth House Office Building, Washington, DC.
       Dear Reps. Tipton and Polis: The Board of County 
     Commissioners of Rio Grande County supports your efforts 
     through H.R. 3189 to protect the privately owned water rights 
     within the State of Colorado.
       The control of water within the State of Colorado and any 
     other state in this nation has been controlled and regulated 
     by the State. The Constitution of the United States does not 
     allow the federal government to regulate private water 
     rights.
       There is no provision in federal law authorizing or 
     permitting the Forest Services 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 thank you for your attention to this crucial issue, and 
     for supporting our rural communities and our public lands.
           Sincerely,
                                                 Karla L. Shriver,
                             Chair, Board of County Commissioners.

[[Page E409]]

                                  ____
                                  
                                                Rio Blanco County,


                                Board of County Commissioners,

                               Meeker, Colorado, January 10, 2014.
     Re Rio Blanco County Support for the Water Rights Protection 
         Act

     Rep. Scott Tipton,
     Cannon House Office Building, Washington, DC.
       Dear Representative Tipton, The Board of County 
     Commissioners of Rio Blanco County is very concerned with 
     recent actions on the part of federal agencies that attempt 
     to circumvent state law in order to acquire private water 
     rights. Even more disconcerting is the coercive manner in 
     which these attempts have been made.
       As of now, the components of local economies targeted by 
     the Forest Service and Bureau of Land Management are the ski 
     area industry and ranching. There are also many other 
     essential contributors to our economies that rely on water to 
     exist, and we must be certain that none fall prey. Federal 
     efforts to rearrange the legal structure by which water 
     rights are held threaten Colorado jobs and the economic 
     health of rural communities.
       Rio Blanco County applauds you and your colleagues in this 
     effort, and fully supports the Water Rights Protection Act.
       Board of County Commissioners, Rio Blanco County
                                                     Shawn Bolton,
                                                         Chairman.
                                  ____
                                  
                                         National Cattlemen's Beef


                                                  Association,

                                                  October 3, 2013.
     Re Support of the Water Rights Protection Act H.R. 3189

     Hon. Doc Hastings,
     Chairman, Longworth House Office Building, Washington, DC.
     Hon. Peter DeFazio,
     Ranking Member, 2134 Rayburn House Office Building, 
         Washington, DC.
       Dear Chairman Hastings and Ranking Member DeFazio: The 
     Public Lands Council (PLC) and the National Cattlemen's Beef 
     Association (NCBA) strongly support the Water Rights 
     Protection Act (WRPA), (H.R. 3189). PLC is the only national 
     organization dedicated solely to representing the roughly 
     22,000 ranchers who operate on federal lands, some of which 
     are U.S. Forest Service (USFS) lands. NCBA is the beef 
     industry's largest and oldest national marketing and trade 
     association, representing American cattlemen and women who 
     provide much of the nation's supply of food and own or manage 
     a large portion of America's private property. Many of our 
     members also hold private water rights on federal lands, 
     which serve as an integral part of their operations; thus, 
     these water rights keep our members in business and rural 
     communities thriving. However, landowners face an 
     unprecedented threat to the future of their water rights on 
     lands managed by the USFS.
       The USFS has been notorious for violating private property 
     rights, as they have recently attempted to require the 
     transfer of privately owned water rights to the federal 
     government. The USFS has not provided adequate compensation 
     as required by Article V of the Constitution; instead, they 
     have attempted to acquire these rights in exchange for 
     special use permits, likely in violation of a recent Supreme 
     Court ruling in Koontz. Furthermore, the USFS has repeatedly 
     ignored established state water laws in order to perform 
     these takes, which amounts to a vast overreach by the federal 
     government.
       H.R. 3189, introduced by Congressmen: Scott Tipton (R-
     Colo.), Mark Amodei (R-Nev.), Rob Bishop (R-Utah), Tom 
     McClintock (R-Calif.), and Jared Polis (D-Colo.) comes as a 
     means to combat the recent directive that allows the USFS to 
     execute the seizure of these water rights without just 
     compensation. The language in the directive is applicable to 
     ski areas specifically; however, this issue is a threat to 
     all water users, including ranchers, as they depend on these 
     rights to keep their business viable.
       This legislation would prohibit the Secretary of the 
     Interior and the Secretary of Agriculture from, requiring the 
     transfer of water rights without adequate compensation. 
     Additionally, the bill supports long-established state water 
     laws, clarifying that the federal government does not have 
     jurisdiction.
       We strongly encourage the Natural Resource Committee to 
     support this important legislation. We thank you for your 
     attention to this crucial issue, and for supporting our 
     members as they continue to be an essential part of rural 
     communities and stewards of our public lands.
           Sincerely,
     Scott George,
       NCBA President.
     Brice Lee,
       PLC President.
                                  ____
                                  


                                                        PNSAA,

                                La Conner, WA, September 26, 2013.
     Re H.R. 3189/Water Rights Protection Act

     Hon. Doc Hastings,
     Chairman, House Natural Resources Committee,
     Longworth House Office Building, Washington, DC.
       Dear Chairman: I am writing on behalf of ski areas in the 
     Pacific Northwest operating on National Forest System lands. 
     PNSAA represents 34 ski resorts in Washington, Oregon, 
     Alaska, Idaho, Montana and California. Of the 34 members 30 
     operate on public land.
       PNSAA supports H.R. 3189/Water Rights Protection Act that 
     would prohibit the Forest Service from issuing permit clauses 
     that require ski areas to transfer ownership of valuable 
     water rights to the United States without compensation. Water 
     is crucial to ski area operations. Ski areas collectively 
     hold water rights worth over a hundred million dollars. We 
     developed these rights through our own effort and expense, 
     and we have no intention of surrendering ownership of these 
     water rights to the U.S. without compensation.
       We would like to thank you for your leadership on 
     protecting ski area water rights. It means a great deal to 
     PNSAA and all ski areas across the country operating on NFS 
     lands.
           Best Regards,
                                                  John A. Gifford,
                                                        President.
                                  ____
                                  


                                                         NSAA,

                                                  October 4, 2013.
     Re Support for H.R. 3189

     Hon. Doc Hastings,
     Chairman, House Natural Resources Committee,
     1324 Longworth House Office Building, Washington, DC.
       Dear Chairman: I am writing on behalf of the National Ski 
     Areas Association (NSAA) in support of H.R. 3189, the Water 
     Rights Protection Act. NSAA represents 121 ski areas in the 
     U.S. that operate on National Forest System lands under a 
     special use permit from the U.S. Forest Service. These public 
     land resorts accommodate the majority of skier visits in the 
     U.S. and are located in the states of Arizona, California, 
     Colorado, Idaho, Montana, Nevada, New Hampshire, New Mexico, 
     Oregon, Utah, Vermont, Washington and Wyoming. The ski 
     industry generates $12.2 billion in economic activity 
     annually and is a major employer in rural economies. NSAA 
     would like to thank the lead sponsors of this bill, 
     Representatives Tipton, Polis, Amodei and McClintock, for 
     their leadership on this critical issue for ski areas.
       NSAA supports H.R. 3189 because it would prohibit the 
     Forest Service from issuing permit clauses that require ski 
     areas to transfer ownership of valuable water rights to the 
     United States, or apply for water rights in the name of the 
     United States, without compensation. Water is crucial to ski 
     area operations. Ski areas collectively hold water rights 
     worth over a hundred million dollars. We developed these 
     rights through our own effort and expense, and we have no 
     intention of surrendering ownership of these water rights to 
     the U.S. without compensation.
       This bill would prevent the federal government from making 
     an end run around state law by merely taking water rights 
     that it does not own through its permitting authority. It 
     would not only protect ski area water rights--it would 
     protect any water rights owners that operate on federal land.
       In closing, we would like to thank you for scheduling a 
     hearing on H.R. 3189 and for your leadership on this issue. 
     It means a great deal to NSAA and all ski areas across the 
     country operating on NFS lands.
           Best Regards,
                                                    Michael Berry,
                                                        President.
                                  ____
                                  


                                                         NSAA,

                                                November 14, 2013.
     Re Support for H.R. 3189

     Chairman McClintock,
     Water and Power Subcommittee,
     Congressman Scott Tipton.
       Gentlemen: I am writing from the National Ski Areas 
     Association (NSAA) and our ski area members to express the 
     importance of H.R. 3189 to the ski industry. As you know, 
     NSAA represents 90 percent of the ski industry nationally, 
     including 121 member ski areas that operate on National 
     Forest System lands under a special use permit from the U.S. 
     Forest Service. These 121 public land resorts accommodate the 
     majority of skier visits in the U.S. and span 13 states. All 
     121 of NSAA's public land ski area members strongly support 
     H.R. 3189.
       The agency's announcement yesterday of a change in its 
     water policy was well received by the ski industry. We were 
     pleased to see this significant change in Forest Service 
     policy and applaud the agency's leadership on this important 
     issue for ski areas. Ski areas have invested a great deal in 
     water rights, and we rely on these water rights to bring our 
     guests an alpine recreation experience unmatched anywhere in 
     the world. This decision will benefit the millions of people 
     who visit ski areas on the National Forests, and it will also 
     benefit the rural communities in which resorts are located.
       Despite this announced change in policy, we still need 
     Congress to pass the Water Rights Protection Act. The policy 
     change announced by the agency this week is the fourth change 
     in Forest Service water policy for ski areas in ten years. 
     These changes are disruptive, create uncertainty and 
     adversely impact our operations, planning and future growth. 
     The ski industry can't afford to be subjected to a different 
     water policy with each Administration. Only federal 
     legislation can give us the long term protection we need of 
     an outright statutory prohibition on the taking of our water 
     rights by the federal government.
       H.R. 3189 is complementary to the agency's efforts to 
     develop a new policy. The new policy assumes that ski area 
     water will no longer be taken by the U.S. government, but 
     instead can be sold to a successive owner at fair market 
     value. H.R. 3189 would not interfere with the implementation 
     of this new

[[Page E410]]

     policy, as it prohibits forced transfers of water rights 
     ``directly to the United States.'' The Water Rights 
     Protection Act is essential because it would codify the 
     assumption that water will no longer be taken by the federal 
     government without compensation, and thus provides a 
     permanent foundation for Forest Service water policy going 
     forward.
       We urge the Committee to move forward with the mark up and 
     passage of H.R. 3189. We look forward to continued dialogue 
     with all stakeholders as the agency develops a new policy to 
     address water resources for the future.
           Best Regards,
                                                    Michael Berry,
                                                        President.
                                  ____
                                  
                                              National Association


                                    of Conservation Districts,

                                                 October 21, 2013.
     Re The Water Rights Protection Act--H.R. 3189

     Chairman Hastings and Ranking Member DeFazio,
     Committee on Natural Resources, U.S. House of 
         Representatives, Longworth House Office Building, 
         Washington, DC.
     Chairman McClintock and Ranking Member Napolitano,
     Subcommittee on Water and Power, U.S. House of 
         Representatives, Longworth House Office Building, 
         Washington, DC.
       Dear Chairman Hastings, Ranking Member DeFazio, Chairman 
     McClintock and Ranking Member Napolitano: The National 
     Association of Conservation Districts (NACD) supports the 
     bipartisan H.R. 3189, the Water Rights Protection Act. NACD 
     represents America's 3,000 locally led conservation districts 
     working with millions of cooperating landowners and operators 
     to help them manage and protect land and water resources on 
     private and public lands in the United States. Established 
     under state law, conservation districts share a single 
     mission: to work cooperatively with federal, state and other 
     local resource management agencies and private sector 
     interests to provide technical, financial, and other 
     assistance to help landowners and operators apply 
     conservation to the landscape.
       NACD understands that water is a vital natural resource 
     that needs to be protected. This bill would prevent federal 
     agencies from requiring public- lands users to turn over 
     water rights as a condition of issuing or renewing permits. 
     Not only is compelling individuals to relinquish water rights 
     for permits unfair to those who have paid to use their water 
     permits, the required waiver of water rights to the federal 
     government overlooks state laws concerning water rights 
     transfer and ownership as well as Constitutional takings 
     issues.
       Stakeholders ranging from individual ranchers and farmers 
     to municipalities rely on private water rights to provide 
     drinking water, provide agricultural water, run their 
     operations, and secure loans. The loss of these water rights 
     would take away their ability to address local water concerns 
     and plan ahead to meet their specific long-term water needs. 
     H.R. 3189 would secure water rights for those that have paid 
     for them and provide stakeholders the stability they need to 
     appropriately plan for and manage natural resources at the 
     local level.
       Thank you for your consideration of these important water 
     resource issues as they pertain to H.R. 3189.
           Sincerely,
     Earl J. Garber.
                                  ____

                                         Montrose County Colorado,


                                Board of County Commissioners,

                                   Montrose, CO, October 10, 2013.
     Congressman Scott Tipton,
     N. 5th St., Suite 702,
     Grand Junction, CO.
       Dear Mr. Tipton: On behalf of the people of Montrose 
     County, Colorado, we are hereby expressing our earnest 
     support for H.R. 3189 aka the ``Water Rights Protection 
     Act''. This is a timely and necessary piece of legislation.
       Water is an essential property right for business operators 
     ranging from agriculture to ski areas. No operator or 
     property owner should be coerced into surrendering a 
     privately held water right. The opportunity for beneficial 
     use of public lands is a separate right. Federal agencies are 
     charged only with administering permitting and other 
     processes related to public lands. These agencies should have 
     no authority to use these processes as a mechanism to strip 
     rights from lawful water users.
       It is noteworthy that even in the midst of the ongoing 
     government shutdown, this bill is coming forward with 
     bipartisan support. This underscores the importance and 
     common sense of H.R. 3189. This bill represents no cost to 
     the public and provides needed protection of lawfully held 
     water rights.
       We urge Congress to pass H.R. 3189 and we are happy to 
     provide further support for this effort as necessary.
           Sincerely,
     Ron Henderson,
       Chairman.
     David White,
       Vice-Chairman.
     Gary Ellis,
       Commissioner.

                          ____________________