Preventing a Federal Water Grab: H.R. 3189 the Water Rights Protection Act (WRPA)

Preventing a Federal Water Grab: H.R. 3189 the Water Rights Protection Act (WRPA)

Rachel Abeh

Written by Rachel Abeh

The Public Lands Council (PLC) hails the house for their work on H.R. 3189 the Water Rights Protection Act (WRPA). The bipartisan bill was introduced in early October by Congressman Scott Tipton (R-Colo.) and co-sponsors, Mark Amodei (R-Nev.), Rob Bishop (R-Utah), Tom McClintock (R-Calif.), and Jared Polis (D-Colo.).

The legislation was developed to protect water rights from a recent directive by the U.S. Forest Service (USFS) allowing them to potentially take water rights from private entities that are using water on federal lands. The USFS is attempting to acquire water rights for the federal government as a condition of issuing standard land use permits. The Forest Service has failed to provide just compensation; however –a violation of the Fifth Amendment.

On October 10, 2013 the House Subcommittee on Water and Power held a hearing on the bill, inviting a panel of witnesses who testified on the importance of the established state water laws and the impact of this directive on their industries, including ski areas and agriculture. The witnesses stressed the importance of these water rights and the significance of protecting these rights to sustain western businesses and rural communities.

“Once again, the federal government is overstepping its bounds,” said PLC president and Colorado rancher Brice Lee. “The Forest Service is offering special use permits only in exchange for these takes, rather than providing just compensation. Not only does their attempt to seize these rights abuse holders of those rights and prove the disregard USFS has for the individuals that rely on these permits; further, they are blatantly ignoring state sovereignty in governing water law. The level of bureaucracy we have seen with this directive is reminiscent of the Environmental Protection Agency’s work –it is both overreaching and incredibly damaging for the individuals impacted.”

H.R. 3189 would prohibit the Secretary of the Interior and the Secretary of Agriculture from, wrongfully transferring water rights from private to federal hands. Additionally, the bill supports deep-rooted state water laws, clarifying water rights are unique to sates and it is each of the states’ jurisdictions to govern its water law.

Representative Steve Daines has been on-board with the legislation—working to protect Montana producers from this bureaucratic taking. PLC urges swift passage of this important bill, continue to express your support of WRPA by contacting Montana’s Senators to gain their engagement on this issue.