§ 410hhh-7. — Water rights.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC410hhh-7]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX-FF--GREAT SAND DUNES NATIONAL PARK AND PRESERVE
Sec. 410hhh-7. Water rights
(a) Omitted
(b) Effect on water rights
(1) In general
Subject to the amendment made by subsection (a) of this
section,\1\ nothing in this subchapter affects--
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\1\ See Codification note below.
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(A) the use, allocation, ownership, or control, in existence
on November 22, 2000, of any water, water right, or any other
valid existing right;
(B) any vested absolute or decreed conditional water right
in existence on November 22, 2000, including any water right
held by the United States;
(C) any interstate water compact in existence on November
22, 2000; or
(D) subject to the provisions of paragraph (2), State
jurisdiction over any water law.
(2) Water rights for national park and national preserve
In carrying out this subchapter, the Secretary shall obtain and
exercise any water rights required to fulfill the purposes of the
national park and the national preserve in accordance with the
following provisions:
(A) Such water rights shall be appropriated, adjudicated,
changed, and administered pursuant to the procedural
requirements and priority system of the laws of the State of
Colorado.
(B) The purposes and other substantive characteristics of
such water rights shall be established pursuant to State law,
except that the Secretary is specifically authorized to
appropriate water under this subchapter exclusively for the
purpose of maintaining ground water levels, surface water
levels, and stream flows on, across, and under the national park
and national preserve, in order to accomplish the purposes of
the national park and the national preserve and to protect park
resources and park uses.
(C) Such water rights shall be established and used without
interfering with--
(i) any exercise of a water right in existence on
November 22, 2000, for a non-Federal purpose in the San Luis
Valley, Colorado; and
(ii) the Closed Basin Division, San Luis Valley Project.
(D) Except as provided in subsections (c) and (d) of this
section, no Federal reservation of water may be claimed or
established for the national park or the national preserve.
(c) National Forest water rights
To the extent that a water right is established or acquired by the
United States for the Rio Grande National Forest, the water right
shall--
(1) be considered to be of equal use and value for the national
preserve; and
(2) retain its priority and purpose when included in the
national preserve.
(d) National Monument water rights
To the extent that a water right has been established or acquired by
the United States for the Great Sand Dunes National Monument, the water
right shall--
(1) be considered to be of equal use and value for the national
park; and
(2) retain its priority and purpose when included in the
national park.
(e) Acquired water rights and water resources
(1) In general
(A) If, and to the extent that, the Luis Maria Baca Grant No. 4
is acquired, all water rights and water resources associated with
the Luis Maria Baca Grant No. 4 shall be restricted for use only
within--
(i) the national park;
(ii) the preserve;
(iii) the national wildlife refuge; or
(iv) the immediately surrounding areas of Alamosa or
Saguache Counties, Colorado.
(B) Use.--Except as provided in the memorandum of water service
agreement and the water service agreement between the Cabeza de Vaca
Land and Cattle Company, LLC, and Baca Grande Water and Sanitation
District, dated August 28, 1997, water rights and water resources
described in subparagraph (A) shall be restricted for use in--
(i) the protection of resources and values for the national
monument, the national park, the preserve, or the wildlife
refuge;
(ii) fish and wildlife management and protection; or
(iii) irrigation necessary to protect water resources.
(2) State authority
If, and to the extent that, water rights associated with the
Luis Maria Baca Grant No. 4 are acquired, the use of those water
rights shall be changed only in accordance with the laws of the
State of Colorado.
(f) Disposal
The Secretary is authorized to sell the water resources and related
appurtenances and fixtures as the Secretary deems necessary to obtain
the termination of obligations specified in the memorandum of water
service agreement and the water service agreement between the Cabeza de
Vaca Land and Cattle Company, LLC and the Baca Grande Water and
Sanitation District, dated August 28, 1997. Prior to the sale, the
Secretary shall determine that the sale is not detrimental to the
protection of the resources of Great Sand Dunes National Monument, Great
Sand Dunes National Park, and Great Sand Dunes National Preserve, and
the Baca National Wildlife Refuge, and that appropriate measures to
provide for such protection are included in the sale.
(Pub. L. 106-530, Sec. 9, Nov. 22, 2000, 114 Stat. 2533.)
Codification
Section is comprised of section 9 of Pub. L. 106-530. Subsec. (a) of
section 9 of Pub. L. 106-530 amended section 1501(a) of Pub. L. 102-575,
106 Stat. 4663, which is not classified to the Code.
