WHEREAS the struggle in the West to preserve private property rights continues in the face of increasing federal control and management of federal lands and the resources interconnected with those lands; and
WHEREAS the creation of specific federal reserved water rights, especially in connection with additional wilderness designations, is still subject to debate and final resolution by Congress; and
WHEREAS the federal agencies, as affirmed by passage of the McCarran Amendment in 1952 (43 U.S.C. § 666), must defer to laws regarding the adjudication of water rights; and
WHEREAS the executive branch is constitutionally prohibited from creating any substantive property rights; and
WHEREAS the actions of the U.S. Forest Service in requiring any kind of streamflow bypass or minimum flow requirements in the renewal of existing permits or use of existing facilities in connection with permitting of non-federal waterworks or the operation of any other facilities upon federal lands constitutes the creation of “federal administrative water rights,” without Congressional authorization, which have the direct effect of prejudicing water rights duly- obtained in state water courts under state laws;
NOW, THEREFORE, BE IT RESOLVED that CLUB 20
- Opposes federally-imposed stream bypasses in order to renew or modify a special use permit, or renewal of a FERC license, and
- Opposes criteria in Forest Land Management Plans that are used by the Forest Service as the reason that bypasses are required, and opposes such criteria being applied as to preclude multiple uses of federal lands, and
- Supports the MOU between the Region 2 Forest Service and CDNR as an appropriate mechanism to resolve potential bypass requirements,
- Opposes any Federal requirement that permittees assign water rights, OR PORTIONS THEREOF, to the United States in order to obtain, renew or modify federal permits, opposes any Federal requirement that permittees assign water rights, OR PORTIONS THEREOF, to the United States in order to obtain, renew or modify federal permits, and
BE IF FURTHER RESOLVED, that CLUB 20 believes that matters involving water rights and water quality should remain in state jurisdiction as matters of primary state interest. Federal agencies should defer to state law and cooperate with state agencies in regulating water quality according to local needs and conditions.
Adopted 04/12/2024
Incorporates WA-92-2, WA-12-1 and WA-10-1