16 U.S.C. § 460ccc–8 — Water

submitted 36 years ago by Pub. L. 101-621 to r/title-16-CONSERVATION · 254 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section reserves enough water for the Red Rock Canyon Conservation Area's purposes, dated from November 16, 1990 (or later for added land). The Secretary must protect that water right in court if needed, and it does not affect water rights the U.S. already held for other purposes.

(a) Reservation of rights Within the conservation area, this subchapter reserves however much water is needed to fulfill the purposes for which the area was created. (b) Priority date of reservation The priority date for this water right is November 16, 1990. But for land added to the conservation area later, the priority date is the date the law adding that land was enacted. (c) Protection of rights The Secretary must take all steps needed to protect this reserved water right. That includes filing a claim to quantify the right in any proper water adjudication in Nevada courts where the United States is or may be a party, following section 666 of title 43. (d) Effect on previously secured rights This reserved water right is in addition to any water rights the United States already secured for other purposes before this. (e) Scope and construction of rights This reserved water right applies only to this specific conservation area. It does not set a precedent for any future land designations, and it does not interpret any other law or designation.

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

(a) Reservation of rights

Within the conservation area designated by this subchapter, there is hereby reserved a quantity of water sufficient to fulfill the purposes for which the conservation area is established.

(b) Priority date of reservation

The priority date of the water rights reserved in paragraph 1 (a) shall be November 16, 1990, except that as related to rights associated with lands added to the conservation area after November 16, 1990, the priority date shall be the date of enactment of the Act adding such lands to the conservation area.

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

(d) Effect on previously secured rights

The Federal water rights reserved by this subchapter shall be in addition to any water rights which may have been previously secured by the United States for purposes other than for the conservation area.

(e) Scope and construction of rights

The Federal water rights reserved by this subchapter are specific to the conservation area designated by this subchapter. Nothing in this subchapter 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.

Source credit: (Pub. L. 101–621, § 10, Nov. 16, 1990, 104 Stat. 3345; Pub. L. 103–450, § 2(c), Nov. 2, 1994, 108 Stat. 4766.)

history & why it existsrecord from the source credit

1990Enacted · Pub. L. 101-621 · 104 Stat. 3345
1994Amended · Pub. L. 103-450 · 108 Stat. 4766

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-621 on 1990-11-16.

all 0 arguments · sorted by: best

no arguments yet — make the first case