Tipton Water Rights Protection Act Clears House Committee

Narrow USFS statement fails to provide certainty for water users

WASHINGTON – Today, the House Natural Resources Committee passed Rep. Scott Tipton’s (R-CO) Water Rights Protection Act (H.R.3189) with bipartisan support, clearing the effort to protect privately-held water rights from federal takings for a vote in the House of Representatives.

Over the years, the Forest Service has engaged in numerous attempts to require the transfer of privately-held water rights as a permit condition, amounting to an outright federal taking. During an October 29 House Natural Resources Subcommittee on Public Lands and Environmental Regulation hearing water users testified about their experiences with federal land management agencies interfering with their privately held water rights. Read more here.

“While I am encouraged that the Forest Service acknowledged their flawed and unnecessary policy, and has indicated that their future water rights clause may no longer require the transfer of privately-owned water rights, this clause has yet to be seen, they have aggressively pursued such takings for over two years, and their comments indicate that we will likely only see a temporary fix for one group of water users in one region,” said Tipton. “Water users need certainty that all federal land management agencies, not just the Forest Service, are prohibited from future attempts to take privately-held water rights. Additionally, H.R. 3189 would prohibit future Forest Service officials from shifting course and engaging in similar water grabs in the future.”

Read Tipton’s full statement here.

The National Ski Areas Association (NSAA) reiterated support for H.R. 3189 in light of the Forest Service announcement.

“Despite this announced change in policy, we still need Congress to pass the Water Rights Protection Act.  The policy change announced by the agency this week is the fourth change in Forest Service water policy for ski areas in ten years. These changes are disruptive, create uncertainty and adversely impact our operations, planning and future growth. The ski industry can’t afford to be subjected to a different water policy with each Administration,” wrote Michael Berry, President of NSAA. “Only federal legislation can give us the long term protection we need of an outright statutory prohibition on the taking of our water rights by the federal government. H.R. 3189 is complementary to the agency’s efforts to develop a new policy.”

Read the full NSAA letter here.

During today’s markup, Tipton attached an amendment to H.R. 3189 to make technical corrections and clarify the scope of the bill.

The full text of Tipton’s amendment is available here.

Tipton’s full statement on the amendment is available here.

Tipton introduced H.R. 3189, the Water Right Protection Act, in September with bipartisan support from Rep. Jared Polis (D-CO). It has received strong support from a broad coalition of local, state and national stakeholders, and a companion bill is being carried in the Senate by John Barrasso (WY).

The Water Rights Protection Act:

• Prohibits agencies from implementing a permit condition that requires the transfer of privately-held water rights to the federal government in order to receive or renew a permit for the use of land;
• Prohibits the Secretary of the Interior and the Secretary of Agriculture from imposing other conditions that require the transfer of water rights without just compensation;
• Upholds longstanding federal deference to state water law;
• Has no cost to taxpayers.

Endorsements to date: National Ski Areas Association, American Farm Bureau, National Cattlemen’s Beef Association, Family Farm Alliance, Public Lands Council, National Association of Conservation Districts, Pacific Northwest Ski Area Association, California Ski Industry Association, Colorado Water Congress, Colorado Ski Country USA, Associated Governments of Northwest Colorado, Colorado River Water Conservation District, Southwestern Water Conservation District, Rio Grande Water Conservation District, Upper Arkansas Water Conservancy District, Rio Grande Watershed Association of Conservation Districts, Montrose County Commissioners, Mesa County Commissioners, Montezuma County Commissioners, Conejos County Commissioners, Gunnison County Commissioners, Rio Grande County Commissioners, Montezuma Valley Irrigation Company, Garfield County Commissioners, Aspen Ski Company, Durango Mountain Resort, Crested Butte Mountain Resort, San Luis Valley Water Conservancy District, Center Conservation District and Club 20.