§8210 Effect of This Chapter

Summary

It does not create any new federal water rights or change water rights that already existed on October 30, 2020. It also does not override state water laws, interstate compacts, or federal or state laws about water quality or quantity that were in place on October 30, 2020. Only a state, local government, or other non-federal group may use funds made available under section 8212 to buy water rights or property under state law. The chapter does not take away a State’s power to manage fish and wildlife, and the Secretary may not regulate hunting or fishing inside a State. It does not change tribal rights recognized by treaties, agreements, federal law, executive orders, or court decrees. It does not limit the Secretary joining water-rights court cases under 43 U.S.C. 666. It also leaves Commerce Department authority under the Magnuson‑Stevens Act alone. Funds may not be used to buy real property without each owner’s written consent, nor for fish and wildlife mitigation under the Clean Water Act, the Fish and Wildlife Coordination Act, the Water Resources Development Act of 1986, or other federal laws or court settlements. Finally, it does not change any part of the Federal Water Pollution Control Act, including its definitions.