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Today, Congressman Scott Tipton’s (R-CO) bill to protect Colorado and Western water rights from federal takings received a legislative hearing in the House Natural Resources Water and Power Subcommittee. H.R. 3189, which Tipton introduced earlier this month with bipartisan support from Rep. Jared Polis (D-CO), has received strong support from a broad coalition of local, state and national stakeholders concerned with recent federal attempts to hijack privately held water rights.

“Recent federal attempts to manipulate the federal permit, lease, and land management process to circumvent long-established state water law and hijack privately-held water rights have sounded the alarm for all non-federal water users that rely on these water rights for their livelihood, and have already hurt stakeholders in Colorado and in other Western states,” said Tipton. “The bipartisan Water Rights Protection Act seeks to protect local water rights from federal government overreach and takings by prohibiting federal agencies from pilfering water rights through the use of permits, leases, and other land management arrangements as well as by upholding longstanding federal deference to state water law on which countless water users rely.”

VIDEO: Tipton’s opening statement.

The text of Tipton’s full opening statement is available here.

The U.S. Forest Service is currently attempting to require the transfer of privately held water rights to the federal government as a permit condition on National Forest System lands. There is 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 them. During the hearing, witnesses from Colorado and Utah testified on the need for legislation to protect privately held water rights from federal takings such as this, and spoke in support of the Water Rights Protection Act as the solution to provide needed certainty.

VIDEO: Tipton’s questions for the witnesses first round:

Second round of questions:

“The proposed law would protect ski area water rights and provide certainty to ski areas and other water rights holders that the federal government is not going to seize these valuable property rights without compensation,” said David Corbin, VP of Planning & Development for Aspen Skiing Co. “This will benefit ski areas and the rural economies dependent on them. Finally, it upholds state water law. For all of these reasons, the ski industry wholeheartedly supports H.R. 3189. 

“By issuing these directives, the Forest Service has not only violated the 5th Amendment to the U.S. Constitution by taking property without paying compensation, it has attempted to use its permitting authority to circumvent long-established federal and state water laws,” said Glenn Porzak, on behalf of the National Ski Areas Association. “The Water Rights Protection Act protects these privately and publically held water rights, prohibits federal takings, and upholds state water law.”

“American Farm Bureau policy continues expressing opposition to any federal domination or pre-emption of state water laws and that water rights as property rights cannot be taken without compensation and due process of law. Scarcity of water in the Western United States led to the development of a system of water allocation that is very different from how water is allocated in regions graced with abundant moisture,” said Randy Parker, CEO of the Utah Farm Bureau Federation. “Livestock production is the economic foundation of Utah’s rural communities. Boosting rural economies will be enhanced by passage of H.R. 3189 providing certainty. Not by seizing assets by relinquishment or diminishment of livestock water rights.”

David Corbin’s testimony is available here.

Glen Porzak’s testimony is available here.

Randy Parker’s testimony is available here.

To date, the Water Right Protection Act has been endorsed by: Associated Governments of Northwest Colorado, American Farm Bureau Federation, National Cattlemen’s Beef Association and Public Lands Council, Family Farm Alliance, National Ski Areas Association,Colorado Water Congress, Colorado Ski Country USA, Colorado River Water Conservation District, Pacific Northwest Ski Area Association, California Ski Industry Association, the Southwestern Water Conservation District and CLUB 20.  

Background:

The Forest Service permit condition has already hurt a number of stakeholders in Colorado including the Powderhorn Ski Area in Grand Junction and the Breckenridge Ski Resort. Despite having been excellent stewards of the environment and their water rights, the Forest Service has demanded the relinquishment of state-granted water rights from these ski areas in order to continue their operations. The same nefarious tactics have been used in Utah, Nevada, and other Western states where agencies have required surrender of possession of water rights in exchange for approving the conditional use of grazing allotments. 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.

To add insult to injury, the Forest Service claims that it is implementing this federal agency permit condition to prevent water rights from being sold off and/or used improperly. However, according Forest Service Chief Tom Tidwell’s comments made in a House Natural Resources Committee hearing, there have never been any such cases where these privately-held rights have been used improperly. Furthermore, the language of the Forest Service’s water clause offers no guarantee that the Forest Service could not divert water to other locations or direct water for another purpose altogether.

More on the Water Rights Protection Act is available here.