Water Rights Protection Act

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Bill ID: 119/hr/302
Last Updated: November 26, 2025

Sponsored by

Rep. Maloy, Celeste [R-UT-2]

ID: M001228

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2. Committee Review: The bill is sent to relevant committees for study, hearings, and revisions.

3. Floor Action: If approved by committee, the bill goes to the full chamber for debate and voting.

4. Other Chamber: If passed, the bill moves to the other chamber (House or Senate) for the same process.

5. Conference: If both chambers pass different versions, a conference committee reconciles the differences.

6. Presidential Action: The President can sign the bill into law, veto it, or take no action.

7. Became Law: If signed (or if Congress overrides a veto), the bill becomes law!

Bill Summary

Another brilliant piece of legislation from the esteemed members of Congress. I can barely contain my excitement as I dissect this masterpiece.

**Main Purpose & Objectives:** The Water Rights Protection Act (HR 302) claims to protect state water rights by prohibiting the federal government from conditioning permits, leases, or other agreements on the transfer of water rights to the United States. In reality, it's a thinly veiled attempt to appease special interest groups and maintain the status quo.

**Key Provisions & Changes to Existing Law:** The bill is riddled with vague language and loopholes, but I'll highlight the most egregious provisions:

* Section 3 requires the Secretary of Agriculture and Interior to "coordinate" with states on water policy development. Translation: The feds will pretend to listen to state concerns while doing whatever they want. * Section 4 prohibits conditioning permits on water right transfers, but only if it's not already part of an existing agreement. A clever way to grandfather in existing sweetheart deals. * Section 5 is a laundry list of exemptions and carve-outs for various federal agencies, Indian tribes, and other stakeholders. Because who needs consistency or accountability?

**Affected Parties & Stakeholders:** The usual suspects:

* Western states with significant agricultural interests (hello, Utah and Arizona!) * Federally recognized Indian Tribes * Water users (farmers, ranchers, etc.) * Environmental groups (who will likely be disappointed by the bill's lack of teeth) * Federal agencies (Interior, Agriculture, Bureau of Reclamation)

**Potential Impact & Implications:** This bill is a Band-Aid on a bullet wound. It won't address the underlying issues plaguing our water management system:

* Water scarcity and competition for resources * Inefficient allocation and use of water * Lack of transparency and accountability in federal decision-making

Instead, it will perpetuate the same old power struggles between states, feds, and special interest groups. The only real winners will be the politicians who get to tout this bill as a "victory" for their constituents.

In conclusion, HR 302 is a masterclass in legislative obfuscation. It's a watered-down (pun intended) attempt to address complex issues with vague language and loopholes. I give it two thumbs down – or rather, two middle fingers up.

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Federal Budget & Appropriations State & Local Government Affairs Congressional Rules & Procedures Civil Rights & Liberties Transportation & Infrastructure Small Business & Entrepreneurship Government Operations & Accountability Criminal Justice & Law Enforcement National Security & Intelligence
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Project 2025 Policy Matches

This bill shows semantic similarity to the following sections of the Project 2025 policy document. Higher similarity scores indicate stronger thematic connections.

Introduction

Moderate 64.4%
Pages: 569-571

— 536 — Mandate for Leadership: The Conservative Promise 2. Engaging in real-time monitoring of operations. l Reduce bureaucratic inefficiencies by consolidating federal water working groups. l Implement actions identified in the Federal Action Plan for Improving Fore- casts of Water Availability,93 especially by adopting improvements related to: 1. Forecast Informed Reservoir Operations; and 2. Arial Snow Observation Systems. l Clarify the Water Infrastructure Finance and Innovation Act94 to ensure consistent application with other federal infrastructure loan programs under the Federal Credit Reform Act. This should be done to foster opportunities for locally led investment in water infrastructure. l Reinstate Presidential Memorandum on Promoting the Reliable Supply and Delivery of Water in the West.95 AMERICAN INDIANS AND U.S. TRUST RESPONSIBILITY The Biden Administration has breached its federal trust responsibilities to American Indians. This is unconscionable. Specifically, the Biden Administra- tion’s war on domestically available fossil fuels and mineral sources has been devastating. To wit: l The ability of American Indians and tribal governments to develop their abundant oil and gas resources has been severely hampered, depriving them of the revenue and profits to which they are entitled during a time of increasing worldwide energy prices, forcing American Indians—who are among the poorest Americans—to choose between food and fuel. l Indian nations with significant coal resources have some of the highest quality and cleanest-burning coal in the world, but the Biden Administration has sought to destroy the market for their coal by eliminating coal-fired electricity in the country and to prevent the transport of their coal for sale internationally. Meanwhile, the Biden Administration, at great public expense, artificially boosted the demand for electric vehicles, which, because of their remote locations, the absence of increased electricity demands for charging electric vehicles nearby, and the distances to be traveled, are not a choice for Indian communities. — 537 — Department of the Interior l A significant percentage of critical minerals needed by the United States is on Indian lands, but the Biden Administration has actively discouraged development of critical mineral mining projects on Indian lands rather than assisting in their advancement. l Despite Indian nations having primary responsibility for their lands and environment and responsibility for the safety of their communities, the Biden Administration is reversing efforts to put Indian nations in charge of environmental regulation on their own lands. Moreover, Biden Administration policies, including those of the DOI, have dis- proportionately impacted American Indians and Indian nations. l By its failure to secure the border, the Biden Administration has robbed Indian nations on or near the Mexican border of safe and secure communities while permitting them to be swamped by a tide of illegal drugs, particularly fentanyl. l When ending COVID protocols at Bureau of Indian Education (BIE) schools, Biden’s DOI failed to ensure an accurate accounting of students returning from school shutdowns, which presents a significant danger to the families that trust their children to that federal agency. l The BIE is not reporting student academic assessment data to ensure parents and the larger tribal communities know their children are learning and are receiving a quality education. The new Administration must take the following actions to fulfill the nation’s trust responsibilities to American Indians and Indian nations: l End the war on fossil fuels and domestically available minerals and facilitate their development on lands owned by Indians and Indian nations. l End federal mandates and subsidies of electric vehicles. l Restore the right of tribal governments to enforce environmental regulation on their lands. l Secure the nation’s border to protect the sovereignty and safety of tribal lands.

Introduction

Moderate 64.4%
Pages: 569-571

— 536 — Mandate for Leadership: The Conservative Promise 2. Engaging in real-time monitoring of operations. l Reduce bureaucratic inefficiencies by consolidating federal water working groups. l Implement actions identified in the Federal Action Plan for Improving Fore- casts of Water Availability,93 especially by adopting improvements related to: 1. Forecast Informed Reservoir Operations; and 2. Arial Snow Observation Systems. l Clarify the Water Infrastructure Finance and Innovation Act94 to ensure consistent application with other federal infrastructure loan programs under the Federal Credit Reform Act. This should be done to foster opportunities for locally led investment in water infrastructure. l Reinstate Presidential Memorandum on Promoting the Reliable Supply and Delivery of Water in the West.95 AMERICAN INDIANS AND U.S. TRUST RESPONSIBILITY The Biden Administration has breached its federal trust responsibilities to American Indians. This is unconscionable. Specifically, the Biden Administra- tion’s war on domestically available fossil fuels and mineral sources has been devastating. To wit: l The ability of American Indians and tribal governments to develop their abundant oil and gas resources has been severely hampered, depriving them of the revenue and profits to which they are entitled during a time of increasing worldwide energy prices, forcing American Indians—who are among the poorest Americans—to choose between food and fuel. l Indian nations with significant coal resources have some of the highest quality and cleanest-burning coal in the world, but the Biden Administration has sought to destroy the market for their coal by eliminating coal-fired electricity in the country and to prevent the transport of their coal for sale internationally. Meanwhile, the Biden Administration, at great public expense, artificially boosted the demand for electric vehicles, which, because of their remote locations, the absence of increased electricity demands for charging electric vehicles nearby, and the distances to be traveled, are not a choice for Indian communities.

Introduction

Moderate 60.6%
Pages: 461-463

— 429 — Environmental Protection Agency As a matter of broad practice, OW should be complying with statutorily estab- lished deadlines in all situations with only minimal exceptions. In cases where statutory deadlines will not be met, senior management should be made aware of the delay and should have an opportunity to determine whether alternative courses should be taken. Depending on the outcome of regulations from the Biden Administration as well as intervention by the Supreme Court on both waters of the United States (WOTUS) and CWA Section 401,29 the repeal and reissuance of new regulations should be pursued. New Policies New regulations should include the following: l A WOTUS rule that makes clear what is and is not a “navigable water” and respects private property rights. Coordinate with Congress to develop legislation, if necessary, to codify the definition in Rapanos v. United States that “waters of the United States” can refer only to “relatively permanent, standing or continuously flowing bodies of water…as opposed to ordinarily dry channels through which water occasionally or intermittently flows.”30 l A rule that provides clarity and regulatory certainty regarding the CWA Section 401 water quality certification process to limit unnecessary delay for needed projects, including by establishing a discharge-only approach with a limited scope (from point sources into navigable waters), assessing only water quality factors that are consistent with specific CWA sections, and excluding speculative analysis regarding future potential harm. l A rule to ensure that CWA Section 30831 has a clear and enforced time limit. l A rule to clarify the standard for criminal negligence under CWA Sections 40232 and 404.33 l A rule to prohibit retroactive or preemptive permits under CWA Section 404. l A rule to promote and shape nutrient trading that utilizes a carrot-versus- stick approach when dealing with nutrient compliance. l A rule to update compensatory mitigation that imposes no new or additional requirements beyond current law. l A rule on updates necessary for the effective use of the CWA needs survey. — 430 — Mandate for Leadership: The Conservative Promise l An executive order requiring EPA to find avenues and expedite the process for states obtaining primacy in available CWA and SDWA programs. This order would require coordination with the Army Corps of Engineers and the Department of the Interior. l Implementation of additional policies to address challenges in water workforce, issues surrounding timely actions on primacy applications, and cybersecurity. Budget While the overall goal is certainly to reduce government spending, there is one very targeted area where increased spending would be in the nation’s interest. The Clean Water Act needs survey is the entire basis for how congressionally appro- priated funds directed to state revolving funds—standard annual appropriations that are the true underpinning of all infrastructure funding for drinking water and clean water—are distributed by EPA across the country. Because this program is currently underfunded, money is being thrown at untargeted locations while water infrastructure is crumbling at other locations. Increased targeted funding would greatly benefit water systems across the country at a time when intervention is crucial, leaving fewer communities with significant water service challenges. Personnel OW would benefit greatly from the reshifting of SES employees to different programs and from headquarters out to regional offices. OFFICE OF LAND AND EMERGENCY MANAGEMENT (OLEM) OLEM’s mission is to partner with other federal agencies, states, tribes, local governments, and communities to clean up legacy pollution and revitalize land for reuse. OLEM executes this mission by protecting human health and the envi- ronment while leveraging economic opportunities and creating jobs. OLEM also oversees the agency’s emergency response. The main statutes that OLEM exe- cutes are the Resource Conservation and Recovery Act (RCRA)34 to regulate waste management; the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)35 to clean up Superfund sites and provide resources for cleaning up brownfields sites; and Section 112(r) of the Clean Air Act36 to reduce the likelihood of accidental chemical releases. Needed Reforms OLEM’s main function is to oversee the execution of cleanups under CERCLA and RCRA; therefore, it is critical that OLEM staff focus on project management more than policy creation. Emphasizing productivity more than process and policies

About These Correlations

Policy matches are calculated using semantic similarity between bill summaries and Project 2025 policy text. A score of 60% or higher indicates meaningful thematic overlap. This does not imply direct causation or intent, but highlights areas where legislation aligns with Project 2025 policy objectives.