16 USC 8210 - Effect of this chapter

U.S Code last checked for updates: May 06, 2024

§ 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

(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

(f)

Department of Commerce authority

(g)

Effect on other authorities

(1)

Private property protection

(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

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

cite as: 16 USC 8210