House Passes Tipton, Amodei Water Rights Protection Ac

Press Release

Today, the U.S. House of Representatives moved to protect privately held water rights from federal takings, passing H.R. 3189, the Water Rights Protection Act, 238 to 174. Introduced by Reps. Scott Tipton (CO-3) and Mark Amodei (NV-2), along with original cosponsors Reps. Rob Bishop (UT-1) and Tom McClintock (CA-4), the legislation responds to U.S. Forest Service (USFS) attempts to take private water rights in disregard of state of law and the objections of elected officials, business owners, private property advocates and a U.S. District Court.

The 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.

"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."

Recently, the USFS attempted to implement a permit condition on National Forest System lands to require the transfer of privately held water rights to the federal government. There are also 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.

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