The U.S. House of Representatives passed HR 3189, the Water Rights Protection Act, on Thursday, March 13.
The bill's language states its goal: "To prohibit the conditioning of any permit, lease or other use agreement on the transfer, relinquishment or other impairment of any water right to the United States by the secretaries of the Interior and Agriculture."
An original co-sponsor of the bill introduced last September, Rep. Mark Amodei (R-Nev.) said he and his staff had been working on a bill to address state and private property water rights protection when they learned of a bill by Rep. Scott Tipton of Colorado. Amodei said Tipton's bill fit the goals perfectly, adding it was "an elegantly drafted bill, short and sweet, beautifully written, really simple and elegant - and I don't ever say that."
Tipton and Amodei said the bill was needed because federal government agencies have made repeated efforts to have private water rights transferred into federal control.
"Nothing in federal law grants federal land managers jurisdiction over Nevada's ground water. That responsibility is one of the few states' rights remaining in Nevada and I will work all day, every day to keep it," said Amodei. "This bill delivers a much-needed and timely reminder that the federal government must comply with state rules and decisions when it comes to Nevada's ground water. Anything less amounts to what increasingly looks like a war on the West by this administration."
Sponsors said the bill would protect communities, businesses, recreation opportunities, farmers, ranchers and other individuals who rely on privately held water rights for their livelihoods.
According to a release from Amodei's office, in addition to a past U.S. Forest Service attempt to implement a permit condition on forest system lands to require the transfer of privately held water rights to the federal government, there are cases of federal land managers requiring water users to apply for their rights under state law in the name of the United States rather than for themselves.
"This bill is responding to a very real threat, as the Obama administration has sought to extort water from individuals and businesses through the permitting process," said House Natural Resources Committee Chairman Doc Hastings (R-Wash.).
Although most House Democrats opposed the bill, 12 voted for it for passage by a 238-174 margin.
Sen. Dean Heller is an original cosponsor of the Senate's version of the Water Rights Protection Act, introduced by Sen. John Barrasso (R-Wyo.). The Senate version of the bill is in committee. Heller applauded the House's passage of the bill.
"In a state like Nevada, where water is scarce, water rights are held in high regard," said Heller. "The Silver State is home to ranchers, farmers and ski resorts whose economic livelihood could be held hostage by overzealous government officials trying to take water rights."
The effort to protect private water rights through passage of the bills is supported by the National Ski Areas Association, The American Farm Bureau, the National Cattlemen's Beef Association, the Family Farm Alliance, The Southwestern Water Conservation District, among other groups.
Amodei's office said the congressman believes this water rights issue is "vitally important," adding Amodei plans to include it in appropriations requests as he is a new member of the House Appropriations Committee. "That represents another avenue for advancement," said Amodei's Communications Director Brian Baluta.
Opposition to the Senate version of the bill is expected from the same environmental organizations that opposed the House bill. A letter, signed by 39 groups including the Sierra Club, Natural Resources Defense Council and Defense of Wildlife stated fears such action could prevent federal agencies from requiring protections for fish and other in-stream resources.
The White House previously stated opposition to the bill, but did not go so far as to say President Obama would veto it.
Contact Joyce Sheen at j.sheen@winnemuccapublishing.net.[[In-content Ad]]
