Water Rights Protection Act of 2025
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This bill would prohibit federal agencies from requiring the transfer of water rights as a condition for land use permits or leases.
What it does
This bill would prohibit the Department of the Interior and the Department of Agriculture from requiring the transfer of water rights to the federal government as a condition for issuing or renewing land use permits and leases. It would also prevent these agencies from imposing water use restrictions, such as limits on diversion or groundwater withdrawal, that exceed those established by state law. Additionally, the departments would be barred from taking actions that adversely affect state authority over water usage permits or the adjudication of water rights.
Who is affected
This bill affects water users, including Indian tribes, who seek to obtain or renew land use and occupancy agreements such as permits and leases. It also impacts the Department of the Interior and the Department of Agriculture by restricting their ability to condition these agreements on the transfer or acquisition of water rights. Additionally, the legislation affects state governments by protecting their authority to permit water usage and adjudicate water rights.
Key provisions
- Prohibition on water right transfers for land use agreements. The bill prevents the Department of the Interior and the Department of Agriculture from requiring the transfer of water rights to the United States as a condition for issuing or renewing land use and occupancy permits or leases.
- Restrictions on federal requirements for water right acquisition. Federal agencies are prohibited from requiring water users, including Indian tribes, to acquire water rights in the name of the United States to obtain or renew land use agreements.
- Limitations on federal interference with state water usage. The departments may not condition land use agreements on limiting water diversion or pumping beyond what is required by state law, nor can they modify state-established groundwater withdrawal or conservation measures.
- Protection of state regulatory authority. The bill requires federal actions to impose no greater restrictions than applicable state water laws and prohibits actions that adversely affect state authority to permit water usage or adjudicate water rights.
Fiscal impact
- H.R. 302, Water Rights Protection Act· As ordered reported by the House Committee on Natural Resources on February 12, 2025
Effective dates
Not applicable: Official Summary does not address effective dates
Relationship to existing law
The bill places new limitations on the existing authority of the Department of the Interior and the Department of Agriculture regarding the issuance and renewal of land use and occupancy agreements. It further mandates that federal actions align with existing state water laws and prohibits federal interference with established state authorities for permitting water usage and adjudicating water rights.
Stated purpose
The bill aims to limit the transfer of water rights from users to the federal government by prohibiting the Department of the Interior and the Department of Agriculture from requiring such transfers as a condition for issuing or renewing land use agreements. It further seeks to protect state authority over water usage by preventing federal agencies from imposing restrictions that exceed state water laws or adversely affecting state-level water right adjudications.