Critical Water Resources Prioritization Act of 2025
The Critical Water Resources Prioritization Act of 2025 would add a new provision to the Endangered Species Act (ESA) allowing certain water-management actions to proceed without the usual ESA Section 7 consultation, if those actions meet a defined "critical human water need." In practical terms, when a water-management agency (federal, state, or local) faces a water-use decision that is necessary to supply drinking water, handle emergencies (including firefighting), protect public health and safety, or support food security, the agency could request and obtain a time-limited exemption from ESA consultation requirements. The bill sets criteria to justify exemptions, requires documentation and a plan to minimize impacts on species, imposes reporting obligations, and provides for limited judicial review. Regulations to implement these changes would be issued within 180 days of enactment. The intent appears to be to prioritize immediate human water needs in select situations, while maintaining some safeguards and accountability through monitoring and reporting. Critics are likely to focus on potential reduced protections for endangered species and the balance between water security and habitat conservation.
Key Points
- 1Creation of human needs exemptions under ESA Section 7. The bill adds a new subsection (q) to Section 7, allowing exemptions for agency actions addressing critical human water needs.
- 2Definition of critical human water need and water management agency. A critical human water need includes municipal drinking water, emergency services (including firefighting), public health and safety, and food security, as determined by the Secretary or a water management agency. A water management agency is any federal, state, or local agency that manages or allocates water resources.
- 3Conditions for granting exemptions. An exemption can be granted if (A) the ESA consultation would directly conflict with meeting the critical water need; (B) the agency has implemented all reasonable conservation measures, explored feasible alternative water sources, and determined no other reasonable alternatives exist; and (C) the agency submits documentation of these findings, a plan to minimize adverse impacts on affected species, and a timeline to reinstate ESA requirements.
- 4Duration, renewal, and oversight. Exemptions are limited to an initial period not exceeding 180 days and may be renewed for additional 180-day periods if conditions continue to exist and the agency resubmits required information.
- 5Reporting requirements. Water agencies operating under an exemption must provide monthly reports on ongoing needs, alternative water-source efforts, and impacts on species along with mitigation measures. The Secretary must deliver an annual report to Congress detailing all exemptions, their cumulative impact on species, and recommendations to improve balancing water needs with species protection.
- 6Judicial review and regulations. Actions under the new subsection are reviewable in court only for arbitrary and capricious agency action. The Secretary must issue implementing regulations within 180 days of enactment.