Sponsors (7)
This bill strongly protects State and tribal water rights and regulatory certainty for water users and infrastructure, at the trade-off of reducing federal flexibility to condition or change water use to address environmental, public‑health, and changing hydrologic conditions, which may increase litigation and hinder adaptive management.
State and local water users (including farmers, utilities, and state governments) retain primary authority over water allocation and rights for projects tied to federal land use, so federal actions generally cannot impose new restrictions beyond applicable State water law.
Federally recognized Indian Tribes keep existing and future reserved and treaty water rights and are explicitly included in the Act's protections, affirming tribal claims and helping tribal water management.
Permittees (e.g., farmers, utilities, local governments) face no new federal permit restrictions or requirements tied to federal land‑use authorizations and avoid additional administrative burdens such as applying for State water rights in the name of the United States.
Many Americans (including downstream communities, rural residents, and environmental stakeholders) may lose federal flexibility to manage water resources and protect environmental and public‑health needs, because the Act restricts federal conditioning of permits or actions that would alter water use beyond State law.
The bill can lock in state-law allocations and historic interstate compact or Supreme Court decree allocations—even if they no longer match current water availability—hindering adaptive responses to drought and changing conditions and risking delivery or allocation mismatches.
The broad definitions and protections increase legal uncertainty and are likely to spur litigation over which rights are covered and whether a federal action 'adversely affects' State-recognized water rights, creating delays and administrative costs for projects and taxpayers.
Based on analysis of 5 sections of legislative text.
Limits federal conditioning of land-use authorizations by requiring recognition of State-recognized water rights and forbidding federal-imposed changes beyond State law.
Introduced January 9, 2025 by Celeste Maloy · Last progress January 9, 2025
Restricts federal agencies’ ability to condition land-use permits, leases, rights-of-way, or similar authorizations on changes to water rights or on applying federal interpretations that override state water law. Requires federal decisionmakers to recognize and coordinate with State-authorized water rights and definitions, and prohibits federal actions that would force transfers, impairments, or State-law changes to water rights or that impose limits beyond what State law allows. Includes a legal definition of “water right” that covers surface and groundwater rights recognized by States or courts and explicitly includes water rights of federally recognized Indian Tribes; preserves existing federal authorities and specific laws (for example, Reclamation contracts, the Endangered Species Act, Federal Power Act provisions, interstate compacts, and tribal reserved or treaty rights) from being changed by this Act.