Rep. Lauren Boebert (R-CO-3) recently introduced a bill to protect private water rights and prohibit the federal government from transferring any water right. The Western Water Security Act also recognizes the state’s water laws and “the longstanding authority of the states” regarding water use.
“My district is all too familiar with federal government attempts to seize control of private property and private water rights,” Boebert said in a statement. “By extorting water through permitting, leasing, and other use schemes, government bureaucrats have trampled on the rights of local communities.
“The Western Water Security Act prevents federal water grabs, protects private property rights, and helps ensure an abundant supply of clean water for future generations.”
Specifically, the bill directs the secretaries of Agriculture and Department of Interior from transferring either directly or indirectly any water right to the U.S. The bill also states the secretaries shall not require any water user—including federally recognized Indian tribes—to apply for or acquire a water right “in the name of the United States under State law” as a condition of the issuance or renewal of a land use or occupancy agreement.
The bill is cosponsored by 14 representatives from Western states, including fellow Colorado Reps. Ken Buck (R-CO-4) and Doug Lamborn (R-CO-5).
“The private water rights of farmers and ranchers must be protected. I’m proud to join Rep. Boebert in this effort to ensure the federal government cannot coerce Coloradans into giving up their water rights in exchange for permits and leases,” Buck said in a statement.
Rep. Paul Gosar (R-AZ-4) applauded Boebert for introducing the measure, stating, “In the West, whiskey is for drinking and water is for fighting, unfortunately too often our states, communities and businesses are forced to fight with the federal government over water.”
The bill is also supported by several agricultural organizations, county commissions and water conservation districts.
“Private property should never be extorted or used as a bargaining tool in exchange for access to public lands,” Colorado Farm Bureau President Carlyle Currier said. “In the West, water is the lifeblood of the land and the resource that keeps communities thriving. Without water, Colorado’s farmers and ranchers lose the ability to care for our lands and livestock. It takes legislators who are willing to fight for these owned rights, valuable resources, and the success of family farms and ranches.”
Colorado Cattlemen’s Association President Janie VanWinkle concurred, stating a water right should not be taken away as a provision for applying for a federal permit such as grazing.
The Mesa County commissioners sent a letter to Boebert earlier this month supporting the bill, stating protecting private property interests and the rights of states “is vital to Mesa County’s agricultural producers, economy, and way of life.”
“Further, the board appreciates that this legislation provides assurance to lessees that their grazing, recreational, or energy exploration and development lease extensions will not be dependent on negotiations for their water rights,” the letter read.
Boebert’s bill is similar in language to bills previously introduced by her predecessor, Rep. Scott Tipton (R-CO-3), in 2019 and 2017. The Water Security Act of 2019 went further and sought improvements in groundwater, infrastructure and water management. It also included funding for desalination plants, water conservation and environmental improvements. The bills passed through the House, but the Senate took no action.
The bills, including Boebert’s, stemmed from the U.S. Forest Service (USFS) and Bureau of Land Management’s actions to give the agencies jurisdiction over groundwater under public lands, which went against longstanding Colorado water law.
American Farm Bureau Federation President Zippy Duvall acknowledged this fact in his letter to Boebert, stating the actions by USFS and other agencies requiring businesses to surrender long-held water rights violates federal and state law.
“This legislation represents an important and necessary step in protecting private property rights and upholding long-established water law by prohibiting federal agencies from extorting water rights through the use of permits, leases and other land management arrangements,” Duvall wrote in his letter. — Charles Wallace, WLJ editor
