[Congressional Record (Bound Edition), Volume 160 (2014), Part 4]
[Extensions of Remarks]
[Pages 4676-4679]
[From the U.S. 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:

                                          National Water Resources


                                                  Association,

                                   Washington, DC, March 10, 2014.
     Hon. Scott Tipton,
     Cannon House Office Building,
     Washington, DC.
       Dear Congressman Tipton: On behalf of the Board of 
     Directors and the members of the National Water Resources 
     Association (NWRA), I write in support of H.R. 3189, the 
     Water Rights Protection Act. The NWRA is a nonprofit 
     federation made up of agricultural and municipal water 
     providers, state associations, and individuals dedicated to 
     the conservation, enhancement and efficient management of our 
     nation's most important natural resource, water. Our members 
     provide

[[Page 4677]]

     clean water to millions of individuals, families, 
     agricultural producers and other businesses throughout the 
     western United States.
       Collectively, NWRA members have spent billions of dollars 
     investing in the development of state issued water rights and 
     the associated infrastructure in order to provide a safe and 
     reliable water supply to their customers. Their ability to 
     continue meeting the nation's growing demand for clean water 
     is dependent upon access to this vital resource. The Water 
     Rights Protection Act would protect NWRA members' water 
     rights and those who depend on the water they deliver by 
     preventing federal agencies from making a permit, permit 
     renewal or other action conditional upon surrendering a water 
     right. The protection of water rights is of the utmost 
     importance to our members. Water rights constitute a valuable 
     property right and as such are valuable assets that are often 
     irreplaceable.
       For more than eighty years NWRA members have helped 
     finance, maintain and manage some of the most valuable and 
     iconic water systems in the world and have turned virtual 
     deserts into some of the most productive agricultural land on 
     the planet. To accomplish this irrigators have worked 
     collaboratively with federal agency partners at the Bureau of 
     Reclamation and Army Corps of Engineers. That collaborative 
     partnership, formed through contracts and other agreements, 
     is protected by this bill. Our members are gravely concerned 
     by recent efforts by the U.S. Forest Service (USFS) and the 
     Bureau of Land Management (BLM) that have made agency actions 
     contingent upon the relinquishment or modification of a water 
     right. These efforts go counter to the principle foundations 
     of western water law, fly in the face of state law and set a 
     dangerous precedent. Our members count on federal 
     infrastructure to deliver both project and non-project water. 
     Non-project water is privately owned; it has not been 
     appropriated, acquired by, or apportioned to, the United 
     States. In addition, many of our members deliver water 
     through facilities that cross USFS or BLM land. The creation 
     of a process through which water deliveries could be made 
     contingent on the modification, relinquishment or surrender 
     of a water right is unacceptable. Moreover, allowing such a 
     precedent would cause this assault on state water rights to 
     spread in various forms to other agencies within the 
     Agriculture and Interior Departments. Congress, needs to 
     provide the respective Secretaries with clear guidance on 
     this subject, H.R. 3189 provides this guidance.
       The USFS and BLM efforts to curtail water rights have been 
     focused on western states, but the implementation of this 
     kind of policy would have ramifications throughout the 
     nation. According to the United States Geological Survey, 
     nearly seventy five percent of the irrigated agriculture in 
     the U.S. is found in the seventeen western states. These 
     states on average receive less than twenty inches of rain 
     each year, making the reliable delivery of irrigation water 
     vital. In order to protect our members' water rights, assure 
     the continued delivery of clean water to millions of people 
     and protect the integrity of western water law the NWRA 
     supports the Water Rights Protection Act.
       On behalf of NWRA's members I thank you for your attention 
     to the critical water supply issues facing our nation, and 
     for supporting our members as they continue to be stewards of 
     our nation's water supply and a critical part of the economy.
           Sincerely,
     Robert W. Johnson,
       Executive Vice President, National Water Resources 
     Association, Washington, DC.
                                  ____

                                     White River and Douglas Creek


                                       Conservation Districts,

                                     Meeker, CO, January 17, 2014.
     Re White River and Douglas Creek Conservation Districts' 
         Support for the Water Rights Protection Act

     Representative Scott Tipton,
     Cannon House Office Building,
     Washington, DC.
       Dear Representative Tipton: The White River and Douglas 
     Creek Conservation Districts have been following the efforts 
     of the U.S. Forest Service (USFS) to acquire private water 
     rights from individuals and businesses by holding them 
     hostage through permit issuance and/or renewals.
       Our Executive Director joined Club 20 in meetings with USFS 
     Associate Deputy Chief, Jim Pena, in Washington D.C. last 
     May. He adamantly argued that it was the USFS responsibility 
     and right to acquire the private water rights from the ski 
     industry and grazing permittees in order to protect the 
     industries and the economies they support. This is not a role 
     of our federal government or agencies. The purpose and only 
     role of the USFS and Bureau of Land Management (BLM) is to 
     manage the land for multiple uses based on the best available 
     science.
       It is our opinion that the federal government has neither 
     right nor role to interfere with the individual states' water 
     rights laws and the federal government's efforts as stated 
     above are absolute takings of private property rights.
       We applaud you and your colleagues' efforts to ensure the 
     states' and individual's rights are respected by the federal 
     government. The White River and Douglas Creek Conservation 
     Districts strongly support H.R. 3189, the Water Rights 
     Protection Act, which would provide federal legislation to 
     protect Colorado's private water rights holders from any 
     takings by federal land management agencies.
       Please let us know if we can be of any assistance in your 
     efforts to protect Colorado's water rights which ensure 
     conservation of our many natural resources, food supply, and 
     thriving economies.
           Sincerely,
     Leonard Thompson, President, White River Conservation 
     District.
     Scott Robertson, President, Douglas Creek Conservation 
     District.
                                  ____

                                              Upper Arkansas Water


                                         Conservancy District,

                                     Salida, CO, November 7, 2013.
     Re H.R. 3189 Water Rights Protection Act

     Representative Scott Tipton,
     N. Main St.,
     Pueblo, CO.
       Dear Congressman Tipton: The Upper Arkansas Water 
     Conservancy District is a local governmental entity charged 
     through the State of Colorado's Conservancy Statutes to 
     develop water works to optimize the beneficial use of water 
     in Colorado and protect water rights. Charged with this duty, 
     the District owns for the benefit of its constituents within 
     the more than 3000 square miles of the Upper Arkansas River 
     Basin, water rights, storage facilities and other water 
     infrastructure. Many of these facilities are located with the 
     United States Forest Service (USFS) and require special use 
     permits.
       The cost of the permits undeniably exceeds the benefits 
     provided by these structures and District owned water rights 
     to the citizens of the United States and the forest. However, 
     the USFS continues to charge excessive fees. Repermitting 
     facilities has been expensive and onerous and often comes 
     with conditions that are confiscatory.
       For the above reasons and others this district and board 
     fully supports your legislation H.R. 3189. Further it is 
     vital for Colorado's future that more storage be developed 
     and often the best locations are on public lands. Thus the 
     future of our water resources, the lifeblood of an arid 
     climate, is the construction and maintenance of water 
     storage. We support your legislation that helps achieve the 
     goals of water protection and storage in Colorado and the 
     West.
           Sincerely,
                                             Robert M. Senderhauf,
     Chairman.
                                  ____

                                            The Southwestern Water


                                        Conservation District,

                                    Durango, CO, October 10, 2013.
     Hon. Scott Tipton,
     House of Representatives, Cannon House Office Building, 
         Washington, DC.
       Dear Congressman Tipton: On behalf of the Southwestern 
     Water Conservation District (``District''), we thank you for 
     sponsoring the Water Rights Protection Act, H.R. 3189. This 
     vital bipartisan bill would prohibit the conditioning of any 
     permit, lease, or other use agreement on the transfer, 
     relinquishment, or other impairment of any water right to the 
     United States by the Secretaries of the Interior or 
     Agriculture.
       The Southwestern Water Conservation District (SWCD) was 
     established by the Colorado legislature to conserve and 
     protect the waters of the San Juan and Dolores Rivers and 
     their tributaries. Therefore, we see it as our statutory 
     obligation to safeguard privately held water rights in the 
     region and uphold the primacy of state water law, as H.R. 
     3189 would do.
       The U.S. Forest Service has recently attempted to require 
     the transfer of privately held water rights to the federal 
     government as a condition of acquiring a National Forest 
     System lands permit. The District considers such requirements 
     tantamount to a federal taking, and applauds H.R. 3189's 
     prohibition of such conditions.
       The District encourages the House of Representatives to 
     pass this legislation without delay.
       We thank you for introducing the Water Rights Protection 
     Act and for your leadership on this issue of great 
     consequence.
           Sincerely,
                                                  Bruce Whitehead,
     Executive Director.
                                  ____

                                                   San Luis Valley


                                   Water Conservancy District,

                                    Alamosa, CO, October 28, 2013.
     Hon. Scott Tipton,
     Cannon House Office Building,
     Washington, DC.
     Hon. Jared Polis,
     Longworth House Office Building,
     Washington, DC.
       Dear Representatives Tipton and Polis: On behalf of the 
     Board of Directors of the San Luis Valley Water Conservancy 
     District, thank you for your introduction of H.R. 3189, the 
     Water Rights Protection Act. The District endorses this Bill, 
     and will work to broaden bipartisan support for this measure 
     and to gain its swift consideration and approval by the House 
     of Representatives.

[[Page 4678]]

       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 1866; 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 U.S. 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 U.S. 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,
                                                   M. Dee Greeman,
     President.
                                  ____

                                            San Luis Valley County


                                    Commissioners Association,

                                    Alamosa, CO, November 4, 2013.
     Hon. Representative Scott Tipton,
     Main Street,
     Alamosa, CO.
       Dear Honorable Representative Tipton: On behalf of the San 
     Luis Valley County Commissioners Association, this letter is 
     being written in support of H.R. 3189.
       The San Luis Valley County Commissioners Association fully 
     supports your efforts in the passage of H.R. 3189. Water 
     Rights are very important to the people of the entire San 
     Luis Valley and any effort made to preserve our precious 
     mineral is important because this is an essential part of 
     rural communities.
       This proposed legislation would prohibit the Secretary of 
     the Interior and Secretary of Agriculture from requiring the 
     transfer of water rights without adequate compensation. This 
     bill supports the state water laws that have been established 
     long term and clarifies that the government does not have the 
     jurisdiction.
       The San Luis Valley County Commissioners Association 
     strongly urges the Natural Resource Committee to support this 
     essential legislation. Your attention to this matter is very 
     much appreciated.
           Sincerely,
                                                     Michael Yohn,
     Chairman.
                                  ____

                                                Routt County Board


                                      of County Commissioners,

                            Steamboat Springs, CO, March 11, 2014.
     Re H.R. 3189
     Congressman Scott Tipton,
     Cannon House Office Building,
     Washington, DC.
       Dear Congressman Tipton: On behalf of the people of Routt 
     County, Colorado, we are hereby expressing out earnest 
     support for H.R. 3189 aka the ``Water Rights Protection 
     Act''. This is a timely and necessary piece of legislation. 
     This bill represents no cost to the public and provides 
     needed protection of lawfully held water rights.
       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.
       We urge Congress to pass H.R. 3189 and we are happy to 
     provide further support for this effort as necessary.
           Cordially,
     Timothy V. Corrigan,
     Douglas B. Monger,
     Stephen K. Ivancie.
                                  ____

         Rio Grande Watershed--Association of Conservation 
           Districts,
                               North Center, CO, October 25, 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, Rayburn House Office Building, Washington, 
         DC.
       Dear Chairman Hastings and Ranking Member DeFazio: The Rio 
     Grande Watershed Association of Conservation Districts 
     (RGWACD) strongly support the Water Rights Protection Act 
     (WRPA), (H.R. 3189). RGWACD is dedicated solely to 
     representing the roughly 2,000 ranchers who operate on 
     federal lands, some of which are U.S. Forest Service (USFS) 
     lands, Here in the San Luis Valley of Colorado. RGWACD is one 
     of the most active conservation district--watershed groups in 
     Colorado. We represent all faction of agriculture producer 
     and landowner 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,
                                                  Harold Anderson,
     President.
                                  ____

                                                  Rio Grande Water


                                        Conservation District,

                                    Alamosa, CO, October 15, 2013.
     Hon. Scott Tipton,
     Cannon House Office Building,
     Washington, DC.
       Dear Representative Tipton: One of the Rio Grande Water 
     Conservation District's purposes is ``for the conservation, 
     use and development of the water of the Rio Grande''. We 
     understand that there has been an attempt by certain federal 
     agencies to require federal permittees to assign their 
     private water rights to the federal government as a condition 
     of the permit. If this policy continues it will create a 
     great risk to the water users both in the San Luis Valley and 
     statewide. The Rio Grande Water Conservation District 
     supports H.R. 3189, The Water Rights Protection Act, and will 
     work with you to garner support for this bill to ensure 
     protection of privately owned water rights from claims by 
     federal agencies.
       As we understand, H.R. 3189 was introduced as a means to 
     protect water users from the seizure of privately owned water 
     rights without just compensation. We believe that 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. It appears to us that 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 1866; the 1897 Organic Act 
     establishing the U.S. Forest Service; the Taylor Grazing Act; 
     and the Federal Land Policy and Management Act of 1976. The 
     bill supports long-established recognition of the primacy of 
     state water law and the title to water rights that are 
     established thereunder.
       We are aware of no provision in federal statutory 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 require that they be 
     in the name of the United States. H.R. 3189 does nothing more 
     than assure holders of BLM or Forest Service permits that 
     their lawfully acquired water rights will not be abridged and 
     that federal agencies may not use the permit process to 
     acquire water rights that are owned by non-federal entities.
       We thank you for taking a leadership role in addressing 
     this crucial issue and look forward to working with you on 
     this important legislation.
           Sincerely,
                                                  Steven Vandiver,
                                                  General Manager.

[[Page 4679]]



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