If enacted, HB4902 would significantly impact state water management laws by introducing a structured program for groundwater conservation. It is designed to support landowners in reducing their reliance on declining groundwater resources, thus aligning agricultural practices with growing concerns regarding water scarcity. The legislation is positioned to protect agricultural uses and community vitality by promoting practices that maintain or enhance groundwater-dependent ecosystems while balancing the necessity for agricultural production.
Summary
House Bill 4902, known as the Voluntary Groundwater Conservation Act of 2023, aims to amend the Food Security Act of 1985 to establish a program dedicated to groundwater conservation through the use of conservation easements. This bill provides a framework for eligible entities—including state or local government agencies and Indian tribes—to facilitate the conservation and reduction of groundwater consumption, while also allowing for continued agricultural production. The bill emphasizes the importance of promoting sustainable water management practices and supporting local, regional, or state groundwater management goals.
Contention
Notable points of contention regarding HB4902 may arise from the balance between groundwater conservation initiatives and agricultural interests. While the bill aims to foster sustainability, it also allows landowners to continue agricultural operations, which could provoke debate over the effectiveness of the easement restrictions. Stakeholders may have varying opinions on how well the bill addresses the complexities of groundwater depletion, especially in regions experiencing significant declines in groundwater levels.
Water Rights Protection Act of 2023 This bill addresses issues of water rights with respect to lands under the jurisdiction of the Department of the Interior and the Department of Agriculture, including water rights of federally recognized Indian tribes. Specifically, such departments must ensure that federal action imposes no greater restriction or regulatory requirement than under applicable state water law. Further, such departments shall not take actions that adversely affect state authority in permitting water usage or in adjudicating water rights. The bill also prohibits such departments from requiring water users to transfer water rights to the United States or acquire water rights in the name of the United States as a condition of issuing or renewing a land use or occupancy agreement.
Water Rights Protection Act of 2025This bill limits the transfer of water rights from water users to the Department of the Interior or the Department of Agriculture (USDA).First, the bill prohibits Interior and USDA from conditioning the issuance or renewal of land use or occupancy agreements (e.g., permits and leases) on the transfer of any water right to the United States. Next, it prohibits Interior and USDA from requiring water users, including Indian tribes, to acquire water rights in the name of the United States as a condition of the issuance or renewal of a land use or occupancy agreement. Finally, it prohibits Interior and USDA from conditioning or withholding the issuance or renewal of land use or occupancy agreements on (1) limiting the date, time, quantity, location of diversion or pumping, or place of use of a state water right beyond any applicable limitations under state water law; or (2) modifying the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a state.Interior and USDA must also ensure that federal action imposes no greater restriction or regulatory requirement than under applicable state water law.Further, Interior and USDA must not take actions that adversely affect state authority in permitting water usage or in adjudicating water rights.