S 2701119th CongressIn Committee

Headwaters Protection Act of 2025

Introduced: Sep 3, 2025

Sponsor: Sen. Bennet, Michael F. [D-CO] (D-Colorado)

Environment & Climate

Standard Summary

Comprehensive overview in 1-2 paragraphs

Headwaters Protection Act of 2025 would reauthorize and expand the Water Source Protection Program within the Healthy Forests Restoration Act of 2003. The bill broadens who can participate and how projects are planned and carried out near National Forest System land. It emphasizes partnerships with non-Federal entities (such as local water utilities, municipalities, and certain land-holding groups), requires consent from adjacent landowners for projects on nearby private or state land, and prioritizes projects that improve water supply, water quality, and watershed resilience to drought, wildfire, and extreme weather. The measure also strengthens planning and design processes to incorporate nature-based solutions and increases funding and capacity-building for non-Federal partners. It also adds safeguards to avoid long-term degradation of watersheds and clarifies that the bill does not grant the Federal government new land acquisition powers or alter existing water laws.

Key Points

1Expanded eligibility and participants: Adds acequia associations, local/regional public entities that manage water/wastewater or related infrastructure, land-grant mercedes, and private water-delivery entities to participate in the Water Source Protection Program; emphasizes leadership roles for non-Federal partners in assessments, planning, and implementation.
2Adjacent land and project conditions: Defines adjacent land (non-Federal land next to National Forest watershed projects). Requires the owner of adjacent land to express support and be an engaged partner for any project on that land; sets limits on changing ownership/management of adjacent land solely due to these activities.
3Project design, priorities, and partnerships: Requires watershed protection/restoration projects to protect water supply/quality, municipal/agricultural water systems, and water-related infrastructure; prioritize drought, wildfire, post-wildfire conditions, extreme weather, and flood risk; encourage nature-based solutions and partnerships with capable or disadvantaged communities; supports good-neighbor-type agreements and non-Federal partnerships.
4Funding and capacity-building: Increases non-Federal cost participation to not less than 20% of program funds (with a waiver option by the Secretary); allocates a set-aside (at least 10% of funds) for non-Federal partner planning and capacity-building; increases authorized funding levels substantially (e.g., $30 million per year for certain years) to support planning and implementation.
5Watershed condition framework improvements: Adds a new requirement to ensure management activities do not cause long-term watershed degradation and to use existing watershed plans as bases for water source management plans; authorizes funding to support these improvements ($30 million per year for 2025-2029).
6Legal and administrative boundaries: Clarifies that the Act does not override state or federal water laws, interstate compacts, or treaty obligations, and does not authorize federal land acquisition or federal control over non-Federal land.

Impact Areas

Primary affected groups/areas:- Local water utilities, municipalities, and other public water/wastewater entities that manage water resources and infrastructure.- Landowners and adjacent landowners near National Forest lands, including communities with interests in watershed health.- Non-Federal partners (tribal or community groups, acequia associations, private water-delivery entities) participating in watershed protection efforts.Secondary affected groups/areas:- Federal agencies (e.g., U.S. Forest Service) and state/local governments coordinating watershed work.- Land-grant communities and historical landholders (mercedes) with water-related roles.- Disadvantaged communities that historically lack resources for watershed restoration, due to enhanced partner participation requirements and potential increased funding opportunities.Additional impacts:- Administrative and governance changes: Greater non-Federal leadership and required partner engagement in assessments, planning, and project execution; explicit consent requirements for projects on adjacent land may affect project timelines and negotiations.- Financial impact: Higher funding levels and a minimum non-Federal cost-share requirement, plus dedicated capacity-building funds, could increase overall program costs but expand participation and leverage non-Federal resources.- Environmental and resilience outcomes: Emphasis on water supply protection, water quality improvements, nature-based solutions (wetland and riparian restoration), and climate/watershed resilience could improve resource reliability and ecosystem health in watersheds connected to National Forests.- Legal/operational clarity: Keeps the program aligned with existing water-law frameworks and reiterates that there is no new authority for land acquisition or federal control over non-Federal lands.

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