HR302119th Congress

Water Rights Protection Act

Sponsored By: Representative Maloy

In Committee

Summary

This bill would bar federal agencies from conditioning permits, leases, or other land-use approvals on transferring state or tribal water rights to the United States. It would also require federal officials to respect and coordinate with State water laws and definitions when setting permit terms.

Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

No federal strings on water permits

If enacted, federal agencies would not be able to tie your permit or lease to giving the United States your water right. Interior and Agriculture would have to follow State water law and coordinate with States. They could not add limits beyond State law on when, where, or how much you divert or pump, or make you seek a water right in the United States’ name. They also could not claim surface–groundwater links that conflict with State law or force changes to State groundwater conservation or reporting rules. State definitions like beneficial use and priority of rights would continue to control for permits, leases, easements, and rights-of-way.

Preserves federal and tribal water rights

If enacted, the bill would not change existing Bureau of Reclamation contracts under federal reclamation law or actions under the Endangered Species Act. It would not limit or expand federal reserved water rights on federal land, hydropower authorities under the Federal Power Act (sections 4(e), 10(j), and 18), or any federally recognized Tribe’s reserved or treaty water rights. The Secretary could still acquire, use, enforce, and protect State‑recognized water rights owned by the United States. Interstate water compacts and Supreme Court decrees enforcing them would stay as they are.

Clarifies what counts as a water right

If enacted, the bill would define a water right to include surface water, groundwater, and stored water that a State or a court recognizes when the user takes possession or puts it to beneficial use. It would also include water rights of federally recognized Indian Tribes. This definition would guide how the rest of the bill applies.

Sponsors & CoSponsors

Sponsor

Maloy

UT • R

Cosponsors

  • Moore (UT)

    UT • R

    Sponsored 1/9/2025

  • Fulcher

    ID • R

    Sponsored 1/9/2025

  • Biggs (AZ)

    AZ • R

    Sponsored 1/9/2025

  • Estes

    KS • R

    Sponsored 1/9/2025

  • Owens

    UT • R

    Sponsored 1/14/2025

  • Kennedy (UT)

    UT • R

    Sponsored 2/11/2025

Roll Call Votes

No roll call votes available for this bill.

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