From The Grand Junction Daily Sentinel (Gary Harmon):
The Water Rights Protection Act, H.R. 2939, will be heard Tuesday in the House Natural Resources Committee.
Tipton’s previous efforts to pass the measure — prompted by the experience of new ownership at Powderhorn Mountain Resort — have passed the House only to become stymied in the Senate.
This time, “I’m cautiously optimistic” that the bill will pass both houses, Tipton said, noting that it has support from Sen. Jeff Flake, R-Ariz., as well as Sen. Cory Gardner of Colorado and Sen. John Barrasso of Wyoming.
The measure would require federal agencies to recognize state water laws and prohibit them from requiring ski resorts to surrender state water rights in exchange for leases to operate on federal lands.
The Forest Service required the new owners of Powderhorn Mountain Resort to surrender water rights they obtained when they took over the resort to get permits to operate the ski area.
“It’s important to codify this” as directives requiring Agriculture and Interior department agencies to obtain water rights and exercise control over groundwater remain on the books in those agencies and can’t be halted without congressional action, Tipton said.
The Water Rights Protection Act would “recognize the longstanding authority of the states relating to evaluating, protecting, allocating, regulating, permitting, and adjudicating water use.”
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“We need to be able to give certainty and stand up for state law, private property rights and the priority-based system” of water law, Tipton said.