Water Rights Protection Act
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HR 3189 — Water Rights Protection Act
Last action — Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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Died in session
This bill died with 113th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Water Rights Protection Act - Prohibits the Secretary of the Interior and the Secretary of Agriculture (USDA) from: (1) conditioning the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on the transfer of any water right (including joint or sole ownership) directly to the United States, or any impairment in title, in whole or in part, granted or recognized under state law, by federal or state adjudication, decree, or other judgment, or pursuant to any interstate water compact; and (2) requiring any water user (including any federally recognized Indian tribe) to apply for a water right in the name of the United States under state law as a condition of such a land use or occupancy agreement. States that nothing in this Act shall: (1) limit or expand any existing authority of the Secretaries to condition any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on federal lands subject to their respective jurisdictions; (2) interfere with existing or future Bureau of Reclamation contracts; (3) affect the implementation of the Endangered Species Act of 1973; (4) limit or expand any existing federal reserved water rights on lands administered by the Secretary of the Interior or the Secretary of Agriculture; (5) limit or expand certain authorities under the Federal Power Act; and (6) limit or expand any existing reserved water right or treaty right of any federally recognized Indian tribe.
Bill Text
We don't have the full text on file for this bill yet.
Read HR 3189 on the official United States source →Action History
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Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
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The title of the measure was amended. Agreed to without objection.
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Motion to reconsider laid on the table Agreed to without objection.
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On passage Passed by recorded vote: 238 - 174 (Roll no. 132).
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On motion to recommit with instructions Failed by recorded vote: 183 - 227 (Roll no. 131). (consideration: CR H2407)
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The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H2407)
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DEBATE - The House proceeded with 10 minutes of debate on the Kirkpatrick motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House forthwith with an amendment to clarify that nothing in the underlying legislation may prohibit the Secretary of the Interior or the Secretary of Agriculture from (1) protecting Tribal treaty rights; (2) preserving recreational fishing; (3) mitigating drought conditions in an area covered by an emergency drought declaration; or (4) facilitating fire suppression.
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Mrs. Kirkpatrick moved to recommit with instructions to Natural Resources. (consideration: CR H2406-2407; text: CR H2406)
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The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H2395-2396)
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The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3189.
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H.AMDT.597 On agreeing to the Polis amendment (A003) Failed by recorded vote: 175 - 236 (Roll no. 130). (consideration: CR H2405-2406)
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UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of an amendment which had been debated earlier and on which further proceedings had been postponed.
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The House resolved into Committee of the Whole House on the state of the Union for further consideration.
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Considered as unfinished business. (consideration: CR H2405-2408)
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Committee of the Whole House on the state of the Union rises leaving H.R. 3189 as unfinished business.
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On motion that the Committee rise Agreed to by voice vote.
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Mr. Hastings (WA) moved that the Committee rise.
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POSTPONED PROCEEDINS - At the conclusion of debate on the Polis Part A substitute amendment No. 3, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Polis demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
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DEBATE - Pursuant to the provisions of H.Res. 515, the Committee of the Whole proceeded with 10 minutes of debate on the Polis Part A amendment no. 3.
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H.AMDT.597 Amendment (A003) in the nature of a substitute offered by Mr. Polis. (consideration: CR H2398-2401, H2405-2406; text: CR H2398)Amendment in the nature of a substitute sought to mandate that the U.S. Forest Service may not condition ski area permits on the transfer of title of any water right or require any ski area permittee to acquire a water right in the name of the United States.
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H.AMDT.596 On agreeing to the Mullin amendment (A002) Agreed to by voice vote.
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DEBATE - Pursuant to the provisions of H.Res. 515, the Committee of the Whole proceeded with 10 minutes of debate on the Mullin Part A amendment no. 2.
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H.AMDT.596 Amendment (A002) offered by Mr. Mullin. (consideration: CR H2397-2398; text: CR H2397)Amendment clarifies protections for the water rights of American Indian tribes and ensures that the Department of the Interior and the Department of Agriculture cannot use one-sided permits, licenses, approvals and other land management tools to take water from Indian tribes without just compensation.
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H.AMDT.595 On agreeing to the Tipton amendment (A001) Agreed to by voice vote.
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DEBATE - Pursuant to the provisions of H.Res. 515, the Committee of the Whole proceeded with 10 minutes of debate on the Tipton Part A amendment no. 1.
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H.AMDT.595 Amendment (A001) offered by Mr. Tipton. (consideration: CR H2396-2397; text: CR H2396)Amendment clarifies that the Act will have no effect on Bureau of Reclamation contracts, implementation of the Endangered Species Act, certain existing federal reserved water rights, and certain authorities under the Federal Power Act.
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GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3189.
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The Speaker designated the Honorable Virginia Foxx to act as Chairwoman of the Committee.
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House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 515 and Rule XVIII.
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The resolution provides for one hour of debate on H.R. 3189. The rule makes in order as original text for the purpose of amendment an amendment in the nature of a substitute recommended by the Committee on Natural Resources now printed in the bill and provides that it shall be considered as read. The rule provides for a closed rule for H.R. 4015 with one hour of debate on the bill.
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Considered under the provisions of rule H. Res. 515. (consideration: CR H2385-2401)
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Rules Committee Resolution H. Res. 515 Reported to House. The resolution provides for one hour of debate on H.R. 3189. The rule makes in order as original text for the purpose of amendment an amendment in the nature of a substitute recommended by the Committee on Natural Resources now printed in the bill and provides that it shall be considered as read. The rule provides for a closed rule for H.R. 4015 with one hour of debate on the bill.
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Placed on the Union Calendar, Calendar No. 278.
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Committee on Agriculture discharged.
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Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-372, Part I.
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Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 14.
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Committee Consideration and Mark-up Session Held.
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Subcommittee on Water and Power Discharged.
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Subcommittee Hearings Held.
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Referred to the Subcommittee on Conservation, Energy, and Forestry.
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Referred to the Subcommittee on Water and Power.
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Referred to House Agriculture
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Referred to House Natural Resources
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Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, 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.
Sponsors
- Scott Tipton · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 546 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (546)
546 members have not signed on to this bill.
Show all 546 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does HR 3189 do?
- Water Rights Protection Act - Prohibits the Secretary of the Interior and the Secretary of Agriculture (USDA) from: (1) conditioning the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on the transfer of any water right (including joint or sole ownership) directly to the United States, or any impairment in title, in whole or in part, granted or recognized under state law, by federal or state adjudication, decree, or other judgment, or pursuant to any interstate water compact; and (2) requiring any water user (including any federally recognized Indian tribe) to apply for a water right in the name of the United States under state law as a condition of such a land use or occupancy agreement. States that nothing in this Act shall: (1) limit or expand any existing authority of the Secretaries to condition any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on federal lands subject to their respective jurisdictions; (2) interfere with existing or future Bureau of Reclamation contracts; (3) affect the implementation of the Endangered Species Act of 1973; (4) limit or expand any existing federal reserved water rights on lands administered by the Secretary of the Interior or the Secretary of Agriculture; (5) limit or expand certain authorities under the Federal Power Act; and (6) limit or expand any existing reserved water right or treaty right of any federally recognized Indian tribe.
- Who sponsors HR 3189?
- HR 3189 is sponsored by Scott Tipton (R).
- What is the current status of HR 3189?
- This bill died with 113th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HR 3189?
- Track HR 3189 free on One Click Politics — get push/email alerts when it moves.
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