Sec. 210. EFFECT OF THIS TITLE

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## SEC. 210 EFFECT OF THIS TITLE **[**[16 U.S.C. 8210](/us/usc/t16/s8210)**]** ###

(a)Water Rights Nothing in this title— ####

(1)establishes any express or implied reserved water right in the United States for any purpose; ####

(2)affects any water right in existence on the date of enactment of this Act; ####

(3)preempts or affects any State water law or interstate compact governing water; or ####

(4)affects any Federal or State law in existence on the date of enactment of the Act 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 212. ###

(c)State Authority Nothing in this title— ####

(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 title 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 title 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 208 of the Departments of State, Justice, Commerce, and The Judiciary Appropriation Act, 1953 (43 U.S.C. 666). ###

(f)Department of Commerce Authority Nothing in this title 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 title permits the use of funds made available to carry out this title 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 title authorizes the use of funds made available to carry out this title 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 title affects any provision of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), including any definition in that Act.

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