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16 U.S.C. § 410aaa–76 — Federal reserved water rightsreserved

submitted 32 years ago by Pub. L. 103-433 to r/title-16-CONSERVATION · 239 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress reserves enough water to fulfill the purpose of each wilderness area this Act creates, with a priority date of October 31, 1994. The Secretary must legally protect these water rights in court if needed. This Act doesn't give up any other water rights the U.S. already had, and it doesn't set a precedent for future wilderness designations elsewhere.

(a) Reservation of sufficient water Except as otherwise provided in section 204 of this Act, Congress reserves, for each wilderness area this Act designates, enough water to fulfill the Act's purposes. The priority date for these reserved water rights is October 31, 1994. (b) Protection of rights reserved The Secretary and other U.S. officers must take all necessary steps to protect these reserved rights, including having the Secretary file a claim to quantify them in any present or future California state-court water adjudication where the United States is or may be joined as a party. (c) Relinquishment or reduction of rights Nothing in this Act gives up or reduces any water rights the United States reserved or claimed in California on or before October 31, 1994. (d) Specific reservation These federal water rights are specific to the wilderness area in California designated by this Act. Nothing about these reserved rights sets a precedent for any future wilderness designations, and nothing here interprets any other Act or any other designation made under one.
the actual law source: uscode.house.gov ↗public domain
(a) Reservation of sufficient water

Except as otherwise provided in section 204 of this Act, with respect to each wilderness area designated by this Act, Congress hereby reserves a quantity of water sufficient to fulfill the purposes of this Act. The priority date of such reserved water rights shall be October 31, 1994.

(b) Protection of rights reserved

The Secretary and all other officers of the United States shall take all steps necessary to protect the rights reserved by this section, including the filing by the Secretary of a claim for the quantification of such rights in any present or future appropriate stream adjudication in the courts of the State of California in which the United States is or may be joined in accordance with section 666 of title 43.

(c) Relinquishment or reduction of rights

Nothing in this Act shall be construed as a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State of California on or before October 31, 1994.

(d) Specific reservation

The Federal water rights reserved by this Act are specific to the wilderness area located in the State of California designated under this Act. Nothing in this Act related to the reserved Federal water rights shall be construed as establishing a precedent with regard to any future designations, nor shall it constitute an interpretation of any other Act or any designation made thereto.

Source credit: (Pub. L. 103–433, title VII, § 706, Oct. 31, 1994, 108 Stat. 4498.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-433 · 108 Stat. 4498

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-433 on 1994-10-31.

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