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.
Impact
The proposed legislation would significantly alter the landscape of water rights by ensuring federal actions do not impose stricter regulations than what is established under existing state laws. This protects state prerogatives in managing water resources and upholds the rights of federally recognized Indian tribes concerning their water rights. Moreover, the bill expressly states that any federal actions must be consistent with established state water laws, which could prevent potential conflicts between federal and state jurisdictions regarding water resource management.
Summary
SB64, known as the Water Rights Protection Act of 2023, aims to reinforce the authority of states concerning water rights usage and regulate federal intervention in water rights issues. Introduced in January 2023, the bill stipulates that the Secretary of the Interior and the Secretary of Agriculture cannot condition the issuance of permits or leases on the transfer of water rights to the United States. This legislative approach is rooted in the premise that states possess longstanding authority over water management, including adjudication and allocation of water resources.
Contention
There are notable points of contention surrounding this legislation. Critics may argue this could undermine efforts to address broader environmental and regulatory concerns, especially regarding federal initiatives aimed at conserving water resources in light of climate change. Proponents, however, insist that the bill is essential for fostering local control and ensuring that state authorities maintain their decision-making power over water resources. This divide illustrates the ongoing debate between state rights versus federal oversight in environmental regulation, particularly in resource-depleted regions.
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.
Extending Limits of United States Customs Waters Act of 2023 This bill extends the customs waters territory of the United States. Under current law, customs waters means waters within four leagues of the coast of the United States. This bill revises the definition to include (1) the territorial sea of the United States to the limits permitted by international law in accordance with Presidential Proclamation 5928, dated December 27, 1988, that extended such limits to 12 nautical miles from the baselines of the United States; and (2) the contiguous zone of the United States to the limits permitted by international law in accordance with Presidential Proclamation 7219, dated September 2, 1999, that extended such limits to 24 nautical miles from the baselines of the United States.
To establish subaccounts in the Indian Water Rights Settlement Completion Fund to satisfy the obligations of the United States with respect to certain Indian water rights settlements, and for other purposes.
Reforms the organizational structure for the Department of Transportation and Development including its duties, powers, and responsibilities of officers and employees (EN INCREASE SD EX See Note)