PolicyBrief
S. 2701
119th CongressSep 3rd 2025
Headwaters Protection Act of 2025
IN COMMITTEE

The Headwaters Protection Act of 2025 reauthorizes and significantly expands the Water Source Protection Program to enhance watershed health, prioritize climate resilience, and increase funding for collaborative forest and water restoration projects.

Michael Bennet
D

Michael Bennet

Senator

CO

LEGISLATION

Water Protection Funding Triples to $30M Annually, Mandates Forest Management Can’t Harm Watershed Health

The newly proposed Headwaters Protection Act of 2025 is essentially a major financial and structural upgrade to how the federal government protects the water sources originating in our national forests. It reauthorizes and significantly beefs up the existing Water Source Protection Program, boosting the authorized funding from $10 million to a hefty $30 million annually for fiscal years 2025 through 2034. This money is earmarked for projects designed to protect watershed health, water quality, and the stability of municipal and agricultural water systems, especially against growing threats like wildfire and drought.

More Cooks in the Watershed Kitchen

One of the biggest changes is who gets a seat at the table. The bill expands the eligibility list for these crucial protection projects. Now, it specifically includes entities like acequia associations (those historic community-run irrigation systems, common in the Southwest) and local or private entities that manage water delivery, stormwater, or wastewater infrastructure. This means that if you’re a farmer relying on an acequia, or a homeowner getting water from a private utility, your local provider can now directly partner with the Forest Service to protect the headwaters supplying your tap or field. Projects can also now extend onto "adjacent land"—non-federal property within the same watershed—provided the landowner actively agrees to partner in the work.

Climate-Proofing Our Water Supply

The legislation sharpens the focus of these projects, making them directly relevant to the climate challenges we face every summer. The Secretary must now prioritize projects that help manage risks from drought, wildfire, extreme weather, and flooding. Think of it as hardening the infrastructure and natural defenses around our water sources. For example, a project might focus on thinning forests near a reservoir’s source to reduce wildfire risk (which prevents ash and debris from contaminating the water supply) or restoring wetlands to improve flood resilience. This is a clear move to make sure that when the next extreme weather event hits, our water systems don't collapse.

The Cost of Partnership and the Integrity Rule

While the funding is massively increased, the bill also changes the rules for non-federal partners. They are now required to contribute not less than 20 percent of the total project cost in funds or in-kind support. Previously, the requirement was simply that the contribution be 'at least equal to' the federal portion, which could be interpreted differently. This 20 percent minimum standard creates clarity but might be a hurdle for smaller organizations. However, the Secretary maintains the authority to waive this 20 percent requirement, which is a key detail that could allow projects in resource-strapped areas to move forward. The bill also dedicates at least 10 percent of the yearly funds to technical assistance for these partners, which should help smaller groups navigate the process.

Crucially, the Act introduces a major safeguard for the environment in Section 3: it mandates that any forest management activity or permit issued by the Forest Service cannot cause a watershed’s official health classification to drop over the long term. This means the Forest Service can’t approve logging or other activities that might provide short-term benefits if it permanently degrades the health of the watershed that supplies water to downstream communities. This provision provides a strong, measurable check on how our national forests are managed.

What This Doesn’t Change

For anyone concerned about federal overreach, the bill includes a clear disclaimer in Section 4. It explicitly states that this Act does not override or affect any existing state water laws, federal water laws, interstate compacts, or treaty obligations regarding water rights. If you have a legally recognized water right, this new legislation won't touch it. The goal here is purely about restoration and protection, not about changing who owns or controls the water itself.