View all text of Chapter 101 [§ 8201 - § 8213]

§ 8210. Effect of this chapter
(a) Water rights
Nothing in this chapter—
(1) establishes any express or implied reserved water right in the United States for any purpose;
(2) affects any water right in existence on October 30, 2020;
(3) preempts or affects any State water law or interstate compact governing water; or
(4) affects any Federal or State law in existence on October 30, 2020, regarding water quality or water quantity.
(b) Authority to acquire water rights or rights to property

Only a State, local government, or other non-Federal entity may acquire, under State law, water rights or rights to property with funds made available through section 8212 of this title.

(c) State authority
Nothing in this chapter—
(1) affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under the laws and regulations of the State; or
(2) authorizes the Secretary to control or regulate within a State the fishing or hunting of fish and wildlife.
(d) Effect on Indian Tribes
Nothing in this chapter abrogates, abridges, affects, modifies, supersedes, or alters any right of an Indian Tribe recognized by treaty or any other means, including—
(1) an agreement between the Indian Tribe and the United States;
(2) Federal law (including regulations);
(3) an Executive order; or
(4) a judicial decree.
(e) Adjudication of water rights

Nothing in this chapter diminishes or affects the ability of the Secretary to join an adjudication of rights to the use of water pursuant to subsection (a), (b), or (c) of section 666 of title 43.

(f) Department of Commerce authority

Nothing in this chapter affects the authority, jurisdiction, or responsibility of the Department of Commerce to manage, control, or regulate fish or fish habitats under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

(g) Effect on other authorities
(1) Private property protection

Nothing in this chapter permits the use of funds made available to carry out this chapter to acquire real property or a real property interest without the written consent of each owner of the real property or real property interest, respectively.

(2) Mitigation
Nothing in this chapter authorizes the use of funds made available to carry out this chapter for fish and wildlife mitigation purposes under—
(A) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
(B) the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.);
(C) the Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4082); or
(D) any other Federal law or court settlement.
(3) Clean Water Act

Nothing in this chapter affects any provision of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), including any definition in that Act.

(Pub. L. 116–188, title II, § 210, Oct. 30, 2020, 134 Stat. 936.)