S. 386: Critical Water Resources Prioritization Act of 2025

This bill, known as the Critical Water Resources Prioritization Act of 2025, proposes changes to the Endangered Species Act of 1973 to create exemptions related to water management to address critical human water needs. Here’s a breakdown of its key provisions:

Exemptions for Critical Human Water Needs

The bill allows water management agencies, such as federal, state, or local agencies responsible for managing water resources, to receive exemptions from certain requirements of the Endangered Species Act when undertaking actions necessary to meet urgent human water needs. These critical human water needs include:

• Providing municipal drinking water supplies
• Supporting emergency services like firefighting
• Maintaining public health and safety
• Ensuring food security

Criteria for Exemptions

For a water management agency to obtain an exemption, they must demonstrate:

• Compliance with all reasonable water conservation measures
• Efforts to find alternative sources of water
• No other reasonable alternatives are available to address the critical water need

Additionally, they must provide documentation of these conditions to the Secretary in charge of the Endangered Species Act.

Duration and Renewal of Exemptions

Exemptions will initially be valid for 180 days. They can be renewed for additional 180-day periods as long as the critical need persists and the agency provides updated information similar to what was required for the initial exemption.

Reporting Requirements

Water management agencies operating under an exemption are required to submit monthly reports detailing:

• The ongoing critical human water need
• Efforts made to develop alternative sources of water
• Impacts of their actions on affected species and measures taken to minimize those impacts

The Secretary must also submit annual reports to Congress summarizing all exemptions granted, their cumulative impacts on affected species, and recommendations for balancing human water needs with species protection.

Judicial Review

Any actions taken under this bill are subject to judicial review, but only to assess if the agency actions were arbitrary or capricious.

Implementation Timeline

The Secretary is required to establish regulations related to the amendments made by this bill within 180 days after it passes into law.

Relevant Companies

• SELB - Selva, a water resource management company, may be significantly impacted as they could face changes in regulatory requirements concerning water distribution and management.
• AWU - American Water Works Company, which provides water and wastewater services, may experience operational changes due to new exemptions in the regulations affecting how they supply water in relation to the Endangered Species Act.