HR 302
Water Rights Protection Act
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Bill overview
The Water Rights Protection Act of 2025 prohibits the Department of the Interior and the Department of Agriculture from conditioning federal land use or occupancy agreements on the transfer of water rights to the United States. It also prevents these agencies from requiring water users, including Indian tribes, to acquire water rights for the federal government and from imposing restrictions on water usage beyond what is allowed by state law. The bill aims to protect state authority over water management and adjudication.
Key provisions
- Federal agencies cannot condition land use agreements on transferring water rights to the U.S. government.
- Federal agencies cannot require water users, including tribes, to acquire water rights for the U.S. government.
- Federal agencies cannot restrict water usage beyond state law.
- Federal actions must be consistent with, and no more restrictive than, applicable state water law.
- Federal agencies cannot adversely affect state authority in permitting water usage or adjudicating water rights.
- The Act does not affect existing or future Bureau of Reclamation contracts.
- The Act does not affect the implementation of the Endangered Species Act.
- The Act does not limit or expand federal reserved water rights.
Who is affected
- Department of the Interior
- Department of Agriculture (USDA)
- Federally recognized Indian Tribes
- State Governments
- Water Users
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119th CONGRESS — 1st Session
H. R. 302
IN THE HOUSE OF REPRESENTATIVES
A BILL
To prohibit the conditioning of any permit, lease, or other use agreement on the transfer of any water right to the United States by the Secretary of the Interior and the Secretary of Agriculture, and for other purposes.
This Act may be cited as the Water Rights Protection Act of 2025
.
In this Act:
The term Secretary means, as applicable—
the Secretary of Agriculture; or
the Secretary of the Interior.
The term water right means any surface water, groundwater, or water storage use filed, permitted, certificated, confirmed, decreed, adjudicated, or otherwise recognized by a judicial proceeding or by the State, in which the user acquires possession of the water or puts the water to beneficial use, including water rights of federally recognized Indian Tribes.
In developing any rule, policy, directive, management plan, or similar Federal action relating to the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, the Secretary—
shall—
recognize the longstanding authority of the States relating to evaluating, protecting, allocating, regulating, permitting, and adjudicating water use; and
coordinate with the States to ensure that any rule, policy, directive, management plan, or similar Federal action is consistent with, and imposes no greater restriction or regulatory requirement, than applicable State water law; and
shall not—
assert any connection between surface water and groundwater that is inconsistent with such a connection recognized by State water law; or
take any action that adversely affects—
the authority of a State in—
permitting the beneficial use of water; or
adjudicating water rights;
any definition established by a State with respect to the term beneficial use, priority of water rights, or terms of use; or
any other right or obligation of a State established under State law.
The Secretary shall not—
condition the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on the transfer of any water right (including joint and sole ownership) directly or indirectly to the United States, or on any impairment of title or interest, in whole or in part, granted or otherwise recognized under State law, by Federal or State adjudication, decree, or other judgment, or pursuant to any interstate water compact;
require any water user (including any federally recognized Indian Tribe) to apply for or acquire a water right in the name of the United States under State law as a condition of the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement; or
condition or withhold the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, in whole or in part, on—
limiting the date, time, quantity, location of diversion or pumping, or place of use of a State water right beyond any applicable limitations under State water law; or
the modification of the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a State.
Nothing in this Act in any way interferes with any existing or future Bureau of Reclamation contract entered into pursuant to Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act).
Nothing in this Act affects the implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Nothing in this Act limits or expands authorities pursuant to sections 4(e), 10(j), or 18 of the Federal Power Act (16 U.S.C. 797(e), 803(j), 811).
Nothing in this Act limits the ability of the Secretary, through applicable State procedures, to acquire, use, enforce, or protect a State water right owned by the United States.
Nothing in this Act affects an allocation contained in, or limitations and requirements of, any interstate water compact or decree of the Supreme Court of the United States interpreting or enforcing an interstate water compact.