16 U.S.C. § 460aa–8 — Federal-State water rights

submitted 54 years ago by Pub. L. 92-400 to r/title-16-CONSERVATION · 95 words · no verdicts yet

in plain englishAI-generated · not legal advice

Who controls water in recreation-area streams — the state or the federal government — is decided by normal legal principles, not this law. If the U.S. takes a water right that was already legally established, the owner must be justly compensated. This law doesn't claim or deny any federal exemption from state water law.

Which government — Idaho or the United States — controls the water in a recreation-area stream is decided using established legal principles, not by this section. If the federal government takes a water right that was already legally established — under either state or federal law — at the time this law was enacted, the owner of that right must receive just compensation. This law does not say, either directly or by implication, that the federal government is exempt from state water laws — nor does it deny such an exemption.

the actual law source: uscode.house.gov ↗public domain

The jurisdiction of the State and the United States over waters of any stream included in the recreation area shall be determined by established principles of law. Under the provisions of this subchapter, any taking by the United States of a water right which is vested under either State or Federal law at the time of enactment of this subchapter shall entitle the owner thereof to just compensation. Nothing in this subchapter shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws.

Source credit: (Pub. L. 92–400, § 9, Aug. 22, 1972, 86 Stat. 614.)

history & why it existsrecord from the source credit

1972Enacted · Pub. L. 92-400 · 86 Stat. 614

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-400 on 1972-08-22.

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