HR 1156 IH

To preserve the authority of the States over waters within their boundaries, to delegate the authority of the Congress to the States to regulate water, and for other purposes.

March 21, 2001

Mr. SIMPSON (for himself, Mr. GIBBONS, Mr. OTTER, Mr. STUMP, and Mr. SCHAFFER) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To preserve the authority of the States over waters within their boundaries, to delegate the authority of the Congress to the States to regulate water, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `State Water Sovereignty Protection Act'.

SEC. 2. USE OF STATE LAW BY UNITED STATES FOR ACQUIRING AND EXERCISING WATER RIGHTS.

(a) IN GENERAL- Whenever the United States seeks to appropriate water or acquire a water right within a State, or to exercise any right with respect to a water right, the United States shall be subject to all procedural and substantive laws of the State relating to the allocation, adjudication, appropriation, acquisition, use, and exercise of water rights to the same extent as any private person is subject to such laws.

(b) CONSENT TO JOINDER- (1) Consent is given to join the United States in any administrative or judicial proceeding of a State relating to the allocation, adjudication, appropriation, use, or exercise of a water right to the same extent as any private person may be joined in such a proceeding. The United States, when a party to any such a proceeding, shall be--

(A) deemed to have waived any right to plead that the State laws are inapplicable or that the United States is not amenable thereto by reason of its sovereignty, and

(B) subject to the judgments, orders, and decrees issued pursuant to any such proceeding, and may obtain review thereof, in the same manner and to the same extent as a private individual under like circumstances.

(2) Consent and waiver by the United States under this subsection is in addition to section 208 of the Act of July 10, 1952 (43 U.S.C. 666; commonly referred to as the `McCarran Amendment').

(c) IMPLIED FEDERAL RESERVED WATER RIGHTS- The withdrawal, designation, or other reservation of lands by the United States for any purpose (whether by statute or administrative action) does not give rise by implication to a Federal reserved right to water relating to such purpose.

SEC. 3. MANAGEMENT AND CONTROL OF WATER WITHIN A STATE.

(a) IN GENERAL- Notwithstanding any other provision of law and except as otherwise provided by this Act--

(1) management and control over water within a State shall be subject to and in accordance with the laws of the State in which such water is located;

(2) the authority of the Congress to regulate water is expressly delegated to the respective States, including the authority to regulate water in interstate commerce, whether as a usufructuary right, in trade, or for travel; and

(3) the United States, and any agency or officer on behalf of the United States, may exercise management and control over waters within a State only in compliance with the laws of the State in which the water is located.

(b) SUIT BY PRIVATE PARTIES- The United States waives sovereign immunity with respect to any claim for declaratory, equitable, or injunctive relief brought by a non-governmental entity against the United States under the laws of a State relating to the management or control of water within the State.

SEC. 4. COSTS AND FEES RELATING TO ADMINISTRATIVE OR JUDICIAL PROCEEDINGS.

In any administrative or judicial proceeding in which the United States participates pursuant to this Act or section 208 of the Act of July 10, 1952 (43 U.S.C. 666; commonly referred to as the `McCarran Amendment'), the United States shall be subject to the imposition of costs and fees to the same extent as costs and fees may be imposed on a private party.

SEC. 5. SAVINGS PROVISIONS AND DISCLAIMERS.

(a) IN GENERAL- Nothing in this Act shall be construed as--

(1) permitting appropriations of water under State law which interfere with the provisions of international treaties of the United States; or

(2) affecting, impairing, diminishing, subordinating, or enlarging the rights of the United States or any State to water under any international treaty or interstate compact.

(b) SUBMERGED AND OUTER CONTINENTAL SHELF LANDS- Nothing in this Act shall be construed to affect or modify the Submerged Lands Act (43 U.S.C. 1301 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).

SEC. 6. DEFINITION.

For the purposes of this Act, the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the Virgin Islands.

END