Mr. President, water is one of our most precious resources, and it is vital to life. It is necessary for agriculture, industry, recreation, conservation, the development and growth of cities, and so many aspects of our day-to-day lives. Unfortunately, for States like Utah--States with a lot of Federal land and States that are dry in many areas--our supply for this critical resource, water, is threatened under the Antiquities Act. Why is this the case? Well, let's review the background. Back in 1908, the Supreme Court concluded that, when the Federal Government reserves land for an Indian reservation, it also implicitly reserves sufficient water on that land to fulfill the purposes of the reservation, creating the ``Federal reserved water rights'' doctrine. In later cases, the Court expanded that doctrine to apply to other Federal properties--other Federal properties like national forests and recreation areas. Then, in 1976, the Supreme Court held that the doctrine applied to national monuments created by the President. In other words, it affirmed the President's authority unilaterally to change the legal water rights within a State simply by designating a monument under the Antiquities Act Now, under the Antiquities Act, the President has the authority and the discretion to create a monument, as long as there is Federal land. So it makes a State like mine, 67 percent of which is owned by the Federal Government, a sitting duck for abuse.…
Share & report
More from Bill Lee
Mr. President, this is unfortunate. Keep in mind what just happened here. I asked not that we pass this bill but that we move to its consideration, that we be allowed to debate it, discuss it, and ultimately dispose of it through votes…
Mr. President, I deeply appreciate the insights offered today by my friends and colleagues, and that they truly are. The senior Senator from Missouri and the junior Senator from New Mexico have made an impassioned plea--an impassioned plea…
Our country is in the grips of the worst border security crisis in our history. President Biden's open border policies have caused an unprecedented humanitarian disaster, with grave consequences for public safety, national security, and…
Mr. President, as in legislative session, notwithstanding rule XXII, I ask unanimous consent that the Committee on Rules and Administration be discharged from further consideration of S. 4292 and the Senate proceed to its immediate…





