Is reintroducing legislation to protect water users this week
WASHINGTON, D.C. – April 16, 2015 – (RealEstateRama) — Congressman Scott Tipton (R-CO) took federal land management agencies to task for continued administrative attempts to take private water rights without compensation and interfere with users’ access to their private property rights. During an oversight hearing in the House Natural Resources Water, Power and Oceans Subcommittee, Tipton stressed that until a legislative solution is passed water users will continue to face federal water grabs.
“In recent years, the federal government has repeatedly attempted to circumvent long-established state water law in order to hijack water rights. These efforts constitute a gross federal overreach and a violation of private property rights. On multiple fronts, the U.S. Forest Service and other federal land management agencies are currently attempting to ignore state law and take private water rights, despite objections from elected officials, business owners and private property advocates.
“For example, the Forest Service attempted to implement a process that requires the transfer of privately held water rights to the federal government as a permit condition on National Forest System lands while offering no compensation for the transfer of these privately held rights – despite the fact that many stakeholders have invested millions of their own capital in developing the rights.
“Although the Forest Service has announced its intention not to require transfer of ownership of water rights in a ski area special use permit, outside of the ski area permit context, the agency is keeping policy on the books that requires permittees to transfer their water rights to the US and apply for new water rights in the name of the US. These Forest Service clauses, apply to marinas, recreation residences, summer resorts, water facilities, and other entities that have special use permits.
“These same nefarious tactics have been used in attempts to hijack privately held water rights associated with agricultural production in the heart of rural America, where farmers and ranchers rely on these rights to secure loans, as well as irrigate crops and livestock. This federal water grab has broad implications that have begun to extend beyond recreation and the farming and ranching community, and are now threatening municipalities and other businesses.
“Furthermore, the Forest Service recently proposed the Groundwater Directive, which would have expanded the agency’s reach over groundwater and established new bureaucratic hurdles to interfere with private water users’ ability to access their water. Make no mistake, the Forest Service seeks to further federalize water resources, erode state authority, and pave the way for unilateral mandates on state water resources while overriding decades of long standing law and policy that states, and States alone (emphasis), hold jurisdiction over their groundwater. Despite statements by USFS Chief Tom Tidwell that the agency is, for the time being, backing off of its controversial Groundwater Directive, Chief Tidwell offered no guarantees that the Directive, or something similar, won’t be back in the future. In fact, Chief Tidwell noted that the agency still intends to move forward with it in some form after gathering more input.
“The need for a permanent legislative solution to protect private water rights from federal takings and interference cannot be overstated. For these reasons, I am reintroducing the Water Right Protection Act which passed through the House of Representatives with bipartisan support in the 113th Congress.
“The Water Rights Protection Act would protect communities, businesses, recreation opportunities, farmers and ranchers as well as other individuals that rely on privately held water rights for their livelihood from federal takings. It would do so by prohibiting federal agencies from extorting water rights through the use of permits, leases, and other land management arrangements, for which it would otherwise have to pay just compensation under the 5th Amendment of the Constitution. The bill also prohibits the implementation of the Groundwater Resource Management Directive recently promulgated by the Forest Service, as well as any similar directives or regulations they may consider in the future.”
Tipton plans to reintroduce the Water Rights Protection Act this week.
