This bill says the Secretary of the Interior and the Secretary of Agriculture may not require a person or group to transfer their state-recognized water right to the United States as a condition for getting a federal permit, lease, easement, right-of-way, or other land use agreement. It defines "water right" to include surface water, groundwater, and stored water recognized under state law, including rights of federally recognized tribes. The bill instructs the Secretaries to recognize and coordinate with States on water allocation and not to impose rules that are stricter than state water law. It also says federal agencies may not assert a surface-groundwater connection that conflicts with state law, or take actions that interfere with state permitting, adjudication, or state definitions of "beneficial use" or priority. The bill lists specific prohibitions, such as not conditioning permits on transfer or impairment of title to water rights, not requiring users to apply for water rights in the name of the United States, and not imposing limits on diversion, pumping, or place of use beyond state law. The bill also says it does not change existing or future Bureau of Reclamation contracts, does not affect the Endangered Species Act, does not limit or expand federal reserved water rights or tribal reserved or treaty water rights, and does not change interstate compact allocations or certain Federal Power Act authorities.
If you hold a state-recognized water right and need a federal permit, lease, or other land use agreement from the Department of the Interior or Agriculture, this bill would bar those agencies from making you transfer that water right to the United States or from requiring you to obtain a water right in the name of the United States. Federal actions under the bill must be consistent with state water law and may not impose greater restrictions than state law allows. The bill preserves several existing authorities and rights listed in the text, including Reclamation contracts, the Endangered Species Act, tribal water rights, and interstate compacts.
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The text of the bill frames its purpose as protecting state authority over water allocation and preventing federal conditions that would transfer or impair state-recognized water rights. The bill text requires federal officials to coordinate with States and to avoid actions that are inconsistent with state water law.
No publicly available information.