ISSUE BRIEF: Stopping Federal Water Grabs
Restore water rights to the states!
The Issue:
The federal government, specifically the U.S. Department of Interior, continues to wreak havoc with Western States' water law by laying claim to title of so-called "federal reserve water rights" in federal wilderness areas throughout the region. Their argument is based on a legal theory that assumes where the federal government designates an area of land, it also, by implication, sets aside an amount of water sufficient to support that designation's purpose.
Western water users have long held that legislation is needed to determine when and to what extent federal programs can acquire water rights, and to ensure that the federal government uses the same State adjudication processes that private water users do. Today, federal reserved water rights are the largest and most complex claims in State general adjudications. They wreak havoc with the status of other water rights under State laws. Further, the federal government is not required to pay the filing fees which help cover adjudication costs. This means that the cost of adjudicating federal water rights gets shifted entirely to private water users and States' taxpayers.
Impacts on the West:
Today, the federal government can submit at any time during a State's adjudication process. The uncertainty of when and where the federal government will claim reserved water right has been problematic for States and other water users. Since the federal government does not have the burden of paying for filings or for the adjudication process, States and water users are mandated to pay for these costs -- an unfunded mandate.
Status of the Issue:
The Western Water Rights Act (H.R. 307), introduced by Congressman Steve Pearce (R-NM), would limit the federal government’s authority to make federal reserve water rights claims and reaffirm the rights of Western States in allocating and adjudicating water rights. The legislation would return the decision making to Congress in regard to when and to what extent federal programs assigned to the U.S. Department of the Interior could acquire water rights. If passed, H.R. 307 would stop bureaucratic efforts to weaken States' roles in allocating and adjudicating water rights. Under the bill, if Congress decides water acquisition is necessary, the Secretary of the Interior would be required to acquire them under prevailing State law.
Other important provisions in H.R. 307 nclude eliminating current and past U.S. Justice Department efforts to claim reserved water rights and protecting other owners' legal rights. Water holders, not the courts, would determine how water is used. Additionally, the bill would protect interstate compacts and earlier U.S. Supreme Court decisions with regards to water right conflicts between States.
Solutions:
- Take 60 seconds to tell your Member of Congress to cosponsor The Western Water Rights Act (H.R. 307). Help Congressman Pearce protect your state from more federal water grabs.
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