Water Rights Protection Act – Written by Matthew Curti

On March 13, 2014, the U.S. House of Representatives passed H.R. 3189, the “Water Rights Protection Act.” This piece of legislation was introduced by Rep. Scott Tipton of Colorado, and Rep. Mark Amodei of Nevada. In a press release, Rep. Mark Amodei states that, “[t]he bill would protect communities, businesses, recreation opportunities, farmers, ranchers and other individuals who rely on privately held water rights for their livelihoods. It would prohibit federal agencies from confiscating water rights through the use of permits, leases, and other land management arrangements.”

This Act prohibits the US government, and more specifically, the Secretary of the Interior and the Secretary of Agriculture, from conditioning the issuance, renewal, amendment, or extension of any land use or occupancy agreement on the transfer of any water right directly to the United States. Such prohibition is meant to protect privately held water rights from federal takings.

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