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Maloy, Estes, Lamborn, Fulcher, and Biggs Reintroduce Legislation to Protect Private Water Rights

Washington, D.C. — Representatives Celeste Maloy (UT-02), Ron Estes (KS-04), Doug Lamborn (CO-05), Russ Fulcher (ID-01), and Andy Biggs (AZ-05) have reintroduced the Water Rights Protection Act to prevent the federal government from seizing privately owned waters. Senators John Barrasso (R-WY), Jim Risch (R-ID), and Mike Crapo (R-ID) introduced a companion piece of legislation in the Senate.

 

“According to the Utah Constitution, the water in the state belongs to the people of Utah. Unfortunately, federal agencies have a long history of undermining our water laws by requiring co-ownership of water rights as a condition for permit agreements on federal lands. I’m proud to lead my colleagues in sponsoring this bill which clarifies that states have the power to allocate water rights, and the federal government can’t infringe on that ability,” said Rep. Maloy.

 

“Kansas ranchers and farmers depend on the Sunflower State’s rivers and waterways and know how to steward them appropriately. The Water Rights Protection Act is an important step to ensure control of water rights stays in the states, blocking D.C. bureaucrats from the Departments of Agriculture and the Interior from seizing those privately held rights,” said Rep. Ron Estes.

 

“I'm pleased to join my colleagues in re-introducing the Water Rights Protection Act. This bill protects ranchers, farmers, and tribes from having their water unlawfully seized by the federal government. As Vice Chairman of the House Natural Resources Committee, I am committed to keeping the Biden administration in check and preventing government overreach of individual Americans’ rights. What Colorado does with its water is up to the state itself - not the unelected bureaucrats within this Administration," said Rep. Lamborn.

 

“With over 61% of Idaho designated as federal land, individuals live in constant fear they could lose access to the water their family has utilized for generations," said Rep. Fulcher. "I am proud to co-sponsor the Water Rights Protection Act to further recognize state water laws and bring peace of mind to farmers and ranchers across the state.”

 

“Water is one of our most precious resources. This legislation is a good step to protect state water rights in the West. The federal government should be adhering to the Constitution’s Compact Clause while encouraging states to prioritize water storage,” said Rep. Biggs.  

 

The bill would:

  • Forbid the Departments of the Interior and Agriculture from mandating water users transfer water rights to the United States or purchase water rights in the name of the United States as a condition of any permit, lease, or other use agreement.
  • Prevent unlawful seizures of groundwater.
  • Recognize state water law and require coordination with states. 

 

Full text of the legislation can be found here.