HR 302119th CongressIntroduced

Water Rights Protection Act

Introduced: Jan 9, 2025

Sponsor: Rep. Maloy, Celeste [R-UT-2] (R-Utah)

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Water Rights Protection Act of 2025 would bar federal agencies (specifically the Department of the Interior and the Department of Agriculture) from tying any permit, lease, or similar use agreement to the transfer of water rights to the United States. It requires federal actions related to land and water use to respect state water law and work with states to avoid imposing stricter limits than state law requires. The bill also prohibits conditioning or withholding approvals on transferring water rights to the United States, requiring water rights to be held in the United States, or altering groundwater or surface-water terms in ways not allowed by state law. In short, it aims to preserve state authority over water rights and prevent federal overreach in water-right acquisitions or transfer requirements for federal projects. The bill preserves existing federal programs and rights (such as Bureau of Reclamation contracts and federal water rights not impaired by state law) and states that it does not modify or limit in several specific areas (Endangered Species Act, federal reserved water rights, Indian water rights, etc.). Overall, it shifts leverage back toward state water law and state-adjudicated water rights in deciding who may hold and how water rights are used in conjunction with federal permits and land-use authorizations.

Key Points

1Prohibits conditioning of any permit, lease, or other land-use agreement on the transfer of water rights to the United States; prohibits impairment of water rights recognized under state law.
2Prohibits requiring water users (including Indian tribes) to apply for or obtain water rights in the United States’ name as a condition of obtaining a permit or similar authorization.
3Requires federal actions related to water-use authorizations to recognize and coordinate with state water authorities, ensuring no greater restrictions than state law and no adverse effects on state powers to permit, adjudicate, or define terms like beneficial use or priority.
4Restricts federal actions that would link surface water to groundwater in a way inconsistent with state law, and prevents changes to state-defined terms or conditions of water use outside state law.
5Maintains protections for existing federal contracts and rights, while explicitly noting that the act does not alter or expand certain federal authorities (e.g., federal power projects, endangered species protections, Indian and federal reserved water rights).

Impact Areas

Primary group/area affected- Water-right holders and users under state water law (including agricultural irrigators, municipalities, and other local users) whose rights could be conditioned by federal actions.- State governments and state water agencies, which retain authority to allocate and adjudicate water rights under their laws.Secondary group/area affected- Federally recognized Indian Tribes whose water rights or treaties involve state or federal water management, as the act preserves existing tribal rights while limiting federal leverage to compel transfer of rights.- Federal agencies (Secretary of the Interior, Secretary of Agriculture, and potentially the Bureau of Reclamation and other land-management agencies) which must align policy development with state water-law requirements and cannot condition rights transfers on U.S. ownership.Additional impacts- Interstate compacts and judicial decrees: the act clarifies that it does not alter allocations or interpretations under interstate water compacts or Supreme Court decrees, preserving existing interstate arrangements.- Environmental and land-use statutes: the act explicitly states that it does not change the scope of the Endangered Species Act, federal reserved water rights, or certain powers under the Federal Power Act, limiting potential areas of friction between federal water policy and these frameworks.- Clarity for federal-state collaboration: the bill provides a statutory framework to enhance coordination with states, potentially reducing conflicts over federal involvement in water rights and ensuring consistency with state-adjudicated water-use priorities.The bill defines “water right” broadly to include surface water, groundwater, or storage use recognized by state law or in court proceedings, and it includes rights held by federally recognized tribes.It emphasizes that state authority to evaluate, permit, and adjudicate water use remains primary, and federal actions should not usurp or complicate state processes.It does not create new federal water rights or diminish existing federal and treaty rights, but it curtails the federal government’s ability to compel transfer of rights to the United States or to condition approvals on such transfers.

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