H.R.302 - Water Rights Protection Act of 2025 (119th Congress)
Summary
H.R. 302, the Water Rights Protection Act of 2025, seeks to prevent the Secretaries of the Interior and Agriculture from conditioning permits, leases, or other use agreements on the transfer of water rights to the United States. The bill emphasizes state authority over water rights and aims to ensure federal actions are consistent with state water law. It includes definitions for 'Secretary' and 'water right,' and outlines policies for federal actions related to water use.
Expected Effects
The Act would limit the federal government's ability to acquire water rights as a condition for land use agreements. This could lead to greater certainty for water users and states regarding water management. It may also affect federal conservation efforts and water resource management strategies.
Potential Benefits
- Protects state authority over water rights.
- Provides certainty for water users by preventing federal overreach.
- Reduces potential conflicts between federal agencies and state governments regarding water management.
- Supports local control over water resources.
- May streamline permitting processes by removing federal conditions related to water rights transfers.
Potential Disadvantages
- Could hinder federal conservation efforts and water resource management.
- May limit the federal government's ability to address water scarcity issues.
- Potentially weakens federal leverage in negotiating water agreements.
- Could lead to inconsistent water management practices across states.
- May impact the ability to protect endangered species dependent on water resources.
Most Disadvantaged Areas:
Constitutional Alignment
The bill touches on the balance of power between the federal government and state governments, particularly concerning water rights. While the Constitution does not explicitly address water rights, the Tenth Amendment reserves powers not delegated to the federal government to the states, which historically includes water management. The Act's emphasis on state authority aligns with this principle, but the Commerce Clause (Article I, Section 8) grants Congress the power to regulate interstate commerce, which could be argued to include water resources that cross state lines. The extent of federal power over water rights remains a complex constitutional question.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).