This bill, titled the Critical Water Resources Prioritization Act of 2025 , amends the Endangered Species Act of 1973 (ESA) to introduce new exemptions from its consultation requirements. Specifically, it allows the Secretary to grant exemptions for agency actions carried out by a water management agency to fulfill a critical human water need . A critical human water need is defined to include water for municipal drinking, emergency services, public health and safety, and food security. To qualify for an exemption, the ESA's consultation requirements must directly conflict with meeting the critical water need, and the water management agency must demonstrate it has implemented all reasonable conservation measures, explored feasible alternative water sources, and determined no other reasonable alternatives exist. Exemptions are initially valid for up to 180 days and can be renewed if conditions persist, requiring the agency to submit documentation, a plan to minimize species impacts, and a timeline for reinstating requirements. The bill also mandates monthly reports from agencies operating under exemptions and annual reports from the Secretary to Congress, while limiting judicial review to arbitrary and capricious agency actions.
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Timeline
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
Environmental Protection
Critical Water Resources Prioritization Act of 2025
USA119th CongressS-386| Senate
| Updated: 2/4/2025
This bill, titled the Critical Water Resources Prioritization Act of 2025 , amends the Endangered Species Act of 1973 (ESA) to introduce new exemptions from its consultation requirements. Specifically, it allows the Secretary to grant exemptions for agency actions carried out by a water management agency to fulfill a critical human water need . A critical human water need is defined to include water for municipal drinking, emergency services, public health and safety, and food security. To qualify for an exemption, the ESA's consultation requirements must directly conflict with meeting the critical water need, and the water management agency must demonstrate it has implemented all reasonable conservation measures, explored feasible alternative water sources, and determined no other reasonable alternatives exist. Exemptions are initially valid for up to 180 days and can be renewed if conditions persist, requiring the agency to submit documentation, a plan to minimize species impacts, and a timeline for reinstating requirements. The bill also mandates monthly reports from agencies operating under exemptions and annual reports from the Secretary to Congress, while limiting judicial review to arbitrary and capricious agency actions.