Madam Chair, after listening to our Democrat colleague's statement, probably the best thing that we can do to be able to allay their fears is for them to read the bill. It actually protects private property rights, and let me fill in the…
Madam Chair, after listening to our Democrat colleague's statement, probably the best thing that we can do to be able to allay their fears is for them to read the bill. It actually protects private property rights, and let me fill in the balance of the story from the letter that you just cited:
The ski areas are saying that they strongly support the passage of the bipartisan Water Rights Act, H.R. 3189.
I would like to submit for the Record letters from over 40 different organizations--farmers, ranchers, ski areas, municipalities--that are supporting this legislation to be able to protect private property rights in the United States.
Madam Chair, the fear in Washington is palpable. Yesterday, we heard from the White House of the threat of a veto, a veto against a piece of legislation which is just codifying what is protected in the Constitution--private property rights in this country. There is going to be a headline in tomorrow's paper. With the affirmative passage of this legislation, it will read that the House of Representatives stood with the American people--stood with private property rights--to stop a job-killing Federal water grab. That is what this legislation is about.
A very clear choice exists today. You can choose to stand with farmers, with ranchers, with municipalities, with our ski areas to be able to protect the Constitution regarding the Fifth Amendment for just compensation, or you can embrace the heavy hand of government and support a job-killing Federal water grab. That is the clear choice that we face today.
This bill is narrow in scope. In fact, the manager's amendment that I will be putting forward is actually going to make sure that many of the concerns that we have just heard expressed are reasserted in that legislation to be able to protect the Endangered Species Act, to make sure that authorities are not currently under law or exceeded, and to make sure that our tribes are actually protected from the heavy hand of government being used as a tool for another Federal water grab.
This is a commonsense piece of legislation--legislation that is designed to stand for the very principle that we have in this country of private property rights.
Protect the water of the West. Protect that private property right. This is simple, 2-page legislation.
Madam Chair, this is legislation which serves the interests of this country, serves the interests of the West, and I ask for its adoption.
Colorado Cattlemen's
Association
Arvada, CO, March 12, 2014.
Hon. John Boehner,
Speaker, Washington, DC.
Hon. Nancy Pelosi,
Minority Leader, Washington, DC.
Dear Speaker Boehner and Minority Leader Pelosi: The
Colorado Cattlemen's Association (CCA) and Colorado Public
Lands Council strongly support the Water Rights Protection
Act (WRPA), (H.R. 3189). The CCA and PLC represent Colorado's
public and private lands ranching industries through a
grassroots network of affiliates and individual members. Many
of our members hold private water rights on federal lands,
which serve as an integral part of their operations; thus,
these water rights keep our members in business and rural
communities thriving. However, landowners face an
unprecedented threat to the future of their water rights on
lands managed by the USFS and potentially other federal
agencies.
H.R. 3189, introduced by Congressmen Scott Tipton (R-
Colo.), Mark Amodei (R-Nev.), Rob Bishop (R-Utah), Tom
McClintock (R-Calif.), and Jared Polis (D-Colo.) disallows
the USFS and the Bureau of Land Management from seizing water
rights without just compensation. An issue that arose in a
USFS directive applicable to ski areas was seen by industry
as an issue that could threaten all water users, including
ranchers, as they depend on water rights on public land (and
private) to keep their businesses viable. It is important
that H.R. 3189 pass without limitation to specific
industries--ensuring ranchers have access to the water rights
they own, maintain and have developed.
We support an amendment by Representative Tipton that would
make revisions to the legislation which would clarify the
intent of the bill. We also understand that several
additional amendments have been submitted that would too
narrowly focus the legislation so as to not protect livestock
producers, and one amendment in particular that would cause
the legislation to become applicable only to ski operations.
CCA and PLC strongly oppose any amendment with exclusive
language that will jeopardize the efficacy of the bill for
our constituency, ranchers. Our members face the same threats
as ski companies do--perhaps, with more at stake, as they are
individuals and families depending on these water rights for
their livelihood. It is important to include all industries
that may be impacted in the legislation, to keep our rural
communities thriving. Rep. Tipton's bill accomplishes the
purpose of protecting all water right holders, including
ranchers.
There is no justification to include an amendment that will
only protect one type of water use, and we strongly urge all
members of the House to vote against any such amendment.
We thank you for your attention to this crucial issue, and
for supporting America's ranchers as they continue to be an
essential part of rural communities and stewards of our
public lands.
Sincerely,
Gene Manuello,
President,
Colorado Cattlemen's Association.
Tim Canterbury,
Chair,
Colorado Public Lands Council.
Madam Chair, I have an amendment at the desk.
Madam Chair, I offer this amendment to further strengthen and improve this bipartisan bill. As we heard during general debate, the bill has one goal: to eliminate Federal extortion of private property.
The Federal Government cannot and should not take and seize what it does not own without compensation, but that has been happening, and the threat continues to exist for a host of individuals and businesses who responsibly use our public lands for multiple purposes.
This bill ends this Federal property rights grab; however, we just heard a litany of charges that the bill impacts other Federal actions. Nothing could be further from the truth. The bill already has a savings clause ensuring that any existing Federal authorities are not impacted. Importantly, the Federal Government does not have the authority to take private property rights without just compensation; but, to further clarify, my amendment reiterates the specific actions into the bill-- the protection of existing Federal water contracts.
The Colorado River Water District, the Family Farm Alliance, the National Water Resources Association, all organizations whose members have contracts with the Bureau of Reclamation, already support this bill, and that should have been enough. Yet we heard rhetoric from the other side today that water contracts are in danger despite the ardent support of water organizations.
This amendment specifically reiterates this protection, ensuring implementation of the Endangered Species Act and any flows needed for the species, the protection of reserved water rights for national parks and other Federal lands, and continuing the hydropower relicensing process for non-Federal dams. These additions to the bill are a simple reiteration of protections already built into the bipartisan bill.
Yet, in a good-faith effort to dispel any myths, I offer these provisions to ensure, once and for all, that the only thing the bill does is protect private water rights owners from being extorted by the Federal Government through underhanded administrative means.
I certainly yield to the chairman.
Madam Chair, I reserve the balance of my time.
Madam Chair, I suppose I can bring some good news. It is not a 5-page bill, but actually a 3-page bill that we have actually put forward.
What I think we are really frustrated about is that we often hear from our colleagues that they want to be able to have bipartisanship. They are concerned about endangered species. While it is already protected in the bill, we add a further savings clause to be able to protect it.
They are concerned about the Federal Government being able to continue operations under legal authority--already protected in the original bill. We put in an additional savings clause to be able to address that.
We are concerned even more than they are, apparently, about standing up for Native American tribes in some proposed amendments that we are going to be putting forward to protect them from using Native tribes as a tool to extort water for the Federal Government.
This is a commonsense, sensible piece of legislation. Our colleagues want to say that it is expanded. Actually, I have the original bill in my hand. They say it is simply about ski resorts. We have common ground. I, too, want to be able to protect ski resorts, but I am not willing to sacrifice, on the altar of the Federal Government, our farm and ranch communities in addition to our municipalities.
Looking at the original bill, it doesn't mention ski areas once, yet an author of an amendment today said it has become more broad. Show me how.
This is a good piece of legislation. The manager's amendment addresses their very concerns.
With that, I reserve the balance of my time.
Madam Chair, how much time remains?
Madam Chair, for the point of clarity, to ease the concerns of my colleague from Colorado, the National Ski Areas Association endorses this bill today. That has not changed. Also, to alleviate the concerns that you just demonstrated, no existing authorities will be impacted under this legislation. No existing authorities will be impacted. No bypass flows will be impacted.
Effectively, what this bill is doing, Madam Chair, is we are codifying existing practice, which I think we all agree is a desirable thing to have continue.
This is about political theater. The job-killing part of what is happening right now is being conducted by the Federal Government. They are killing jobs with a Federal Government water grab.
Either you stand with the farmers, the ranchers, and long-held practices of the West or you don't. If you don't, I do, and that is what this bill continues to support.
Madam Chairman, I reserve the balance of my time.
Madam Chair, again, I will refer my colleagues to the text of the bill. No Federal water rights that they currently have are going to be impaired. That includes national parks.
We continue to hear about the upcoming Polis amendment. The original bill that Mr. Polis and I introduced never specifically mentioned just ski areas. It talks about any permit. So if you care about farmers, if you care about ranchers, if you care about municipalities, and if you care about ski areas, which we all share, let's protect those private property rights from Federal extortion.
With that, I yield back the balance of my time.
Madam Chair, I thank the gentleman for yielding.
We continue to hear letters of support, ironically, out of my colleague from Colorado's home district. Eagle River Water and Sanitation District supports this legislation as we put it forward.
Colorado River Water Conservation District, Colorado Water Congress, National Cattlemen's Beef Association, and Family Farm Alliance support this bill.
When we look at the original incorporating legislation that my colleague and I introduced, it doesn't fit the narrow scope that they now want to talk about; so we do have to ask that question: Why are they so willing to be going to disregard farmers, ranchers, municipalities? Aren't they worthy of concern? I believe that they actually are.
We actually just received an email that came from the National Ski Association, which is dated March 12, supporting the bill with the Tipton manager's amendment. We are addressing their specific concern, but we aren't stopping there.
We think that that right to private property is inviolable, something that must be protected. If our friends want to say that farmers and ranchers and communities aren't worth protecting, we say they are.
That is what this legislation will do. We have worked with the minority. We have got a bipartisan piece of legislation that is standing up for those private property rights and to be able to assure that that constitutional right to receive just compensation that it is taking is actually preserved.
Madam Chair, I urge rejection of this amendment.