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119-s-386119th CongressWALLET

Critical Water Resources Prioritization Act of 2025

Sponsored By: Senator Lummis, Cynthia M. [R-WY]

Introduced

Summary

Would create a time-limited exemption pathway under Section 7 of the Endangered Species Act for critical human water needs. This bill would let federal, state, or local water-management agencies take specific water actions to secure municipal drinking water, firefighting, public health, or food-security supplies when no reasonable alternatives exist.

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  • Families and emergency services: Would make it easier for water systems and emergency responders to maintain drinking-water and firefighting supplies during declared critical water-need periods by allowing agencies to act after exhausting conservation and alternative-source options.
  • Federally listed species and conservation: Would permit temporary waivers of certain Section 7 consultation protections for actions that directly conflict with a documented critical water need. Agencies must provide mitigation plans, monthly reports on species impacts and alternatives, and exemptions last up to 180 days with possible renewals.
  • Agencies, oversight, and courts: Would require agencies to document their actions, implement water-conservation measures, and submit ongoing reports; the Secretary must write implementing regulations within 180 days and must send Congress annual summaries of exemptions, impacts, and recommendations. Judicial review would be limited to arbitrary and capricious challenges.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Temporary ESA exemptions for water agencies

If enacted, the bill would let federal, state, or local water agencies get temporary exemptions from some Endangered Species Act rules to meet a "critical human water need." The bill would define that need to include municipal drinking water, firefighting and emergency services, public health and safety (as decided by the Secretary or a water agency), and food security (as decided by the Secretary). An exemption would last up to 180 days and could be renewed in 180-day increments if the need continues. Agencies would need to show they tried conservation and other sources, send monthly reports, and submit a plan to minimize harm. The Secretary would issue annual reports to Congress and must write rules within 180 days after enactment. Courts could only review these exemption decisions for arbitrary and capricious action under 5 U.S.C. § 706.

Sponsors & CoSponsors

Sponsor

Lummis, Cynthia M. [R-WY]

WY • R

Cosponsors

  • Sen. Barrasso, John [R-WY]

    WY • R

    Sponsored 2/4/2025

  • Sen. Sheehy, Tim [R-MT]

    MT • R

    Sponsored 2/4/2025

Roll Call Votes

No roll call votes available for this bill.

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