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16 U.S.C. § 410fff–8Water rights

submitted 27 years ago by Pub. L. 106-76 to r/title-16-CONSERVATION · 84 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law doesn't create any new water right on its own. It also doesn't change any water rights that existed before October 21, 1999. Any new water right needed later must follow Colorado's normal water-law process.

(a) Effect on water rights: Nothing in this subchapter does either of two things. First, it does not count as an express or implied "reservation" of water for any purpose — meaning this law, by itself, does not automatically set aside or guarantee any amount of water for the Park or Conservation Area. Second, it does not change any water rights that already existed before October 21, 1999, including water rights the United States itself already held at that time. In short, whatever the water-rights situation was before this law took effect, this law leaves it exactly as it was. (b) Additional water rights: If the Secretary later determines that a new water right actually is needed to carry out this subchapter's purposes — for example, to support the Park's or Conservation Area's resources — that new right cannot simply be declared. It must instead be obtained the same way any other new water right in Colorado is obtained: by following the procedural and substantive requirements set out in Colorado's own water law.
the actual law source: uscode.house.gov ↗public domain
(a) Effect on water rights

Nothing in this subchapter shall—

(1)

constitute an express or implied reservation of water for any purpose; or

(2)

affect any water rights in existence prior to October 21, 1999, including any water rights held by the United States.

(b) Additional water rights

Any new water right that the Secretary determines is necessary for the purposes of this subchapter shall be established in accordance with the procedural and substantive requirements of the laws of the State of Colorado.

Source credit: (Pub. L. 106–76, § 10, Oct. 21, 1999, 113 Stat. 1131.)

history & why it existsrecord from the source credit
  • 1999Enacted · Pub. L. 106-76 · 113 Stat. 1131

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-76 on 1999-10-21.

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