§ 526. — Establishment and protection of 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: 16USC526]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION
Sec. 526. Establishment and protection of water rights
There are authorized to be appropriated for expenditure by the
Forest Service such sums as may be necessary for the investigation and
establishment of water rights, including the purchase thereof or of
lands or interests in lands or rights-of-way for use and protection of
water rights necessary or beneficial in connection with the
administration and public use of the national forests.
(Sept. 21, 1944, ch. 412, title II, Sec. 213, 58 Stat. 737.)
Codification
This section was enacted as a part of the Department of Agriculture
Organic Act of 1944.
Interim Moratorium on Bypass Flows
Pub. L. 104-127, title III, Sec. 389, Apr. 4, 1996, 110 Stat. 1021,
as amended by Pub. L. 104-180, title VII, Sec. 736, Aug. 6, 1996, 110
Stat. 1607, provided that:
``(a) Moratorium.--There shall be a 20-month moratorium on any
Forest Service decision to require bypass flows or any other
relinquishment of the unimpaired use of a decreed water right as a
condition of renewal or reissuance of a land use authorization permit.
``(b) Limitations.--Subsection (a) shall not affect--
``(1) obligations or authority of the Secretary of Agriculture
to protect public health and safety; and
``(2) obligations or authority under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.), or applicable State law.
``(c) Rules of Construction.--
``(1) Existing non-federal water rights.--Nothing in this
section prevents or inhibits the exercise of the use and operation
of existing non-Federal water rights on or above the National Forest
land that require land use authorization permits from the Forest
Service to access water supply facilities.
``(2) Renewal or reissuance of expiring land use authorization
for decreed water rights.--Nothing in this section prevents or
inhibits the renewal or reissuance of expiring land use
authorizations for decreed water rights. The Forest Service may
extend, as needed, any expiring land use authorization for such time
as is necessary to incorporate the results of the study authorized
by subsection (d).
``(d) Study of Water Rights Across Federal Lands.--
``(1) Establishment.--Not later than 60 days after the date of
enactment of this Act [Apr. 4, 1996], there shall be established a
Water Rights Task Force to study the subjects described in paragraph
(3).
``(2) Membership.--The Task Force shall be composed of 7 members
appointed as follows:
``(A) 1 member shall be appointed by the Secretary of
Agriculture.
``(B) 2 members shall be appointed by the Speaker of the
House of Representatives and 1 member shall be appointed by the
Minority Leader of the House of Representatives.
``(C) 2 members shall be appointed by the Majority Leader of
the Senate and 1 member shall be appointed by the Minority
Leader of the Senate.
``(3) Subjects to be studied.--The Task Force shall study and
make recommendations on--
``(A) whether Federal water rights should be acquired for
environmental protection on National Forest land;
``(B) measures necessary to protect the free exercise of
non-Federal water rights requiring easements and permits from
the Forest Service;
``(C) the protection of minimum instream flows for
environmental and watershed management purposes on National
Forest land through purchases or exchanges from willing sellers
in accordance with State law;
``(D) the effects of any of the recommendations made under
this paragraph on existing State laws, regulations, and customs
of water usage; and
``(E) measures that would be useful in avoiding or resolving
conflicts between the Forest Service's responsibilities for
natural resource and environmental protection, the public
interest, and the property rights and interests of water holders
with special use permits for water facilities, including the
study of the Federal acquisition of water rights, dispute
resolution, mitigation, and compensation.
``(4) Final report.--As soon as practicable, but not later than
14 months, after the date of enactment of this Act [Apr. 4, 1996],
the Task Force shall provide the final report of the Task Force to--
``(A) the Secretary of Agriculture;
``(B) the Speaker of the House of Representatives;
``(C) the President pro tempore of the Senate;
``(D) the Chairman of the Committee on Agriculture of the
House of Representatives;
``(E) the Chairman of the Committee on Agriculture,
Nutrition, and Forestry of the Senate;
``(F) the Chairman of the Committee on Resources of the
House of Representatives; and
``(G) the Chairman of the Committee on Energy and Natural
Resources of the Senate.
``(5) Authorization of funds.--The Secretary of Agriculture
shall use funds made available for salaries and administrative
expenses of the Department of Agriculture to carry out this
subsection.
``(e) Extension for Delay.--There shall be a day-for-day extension
to the 20-month moratorium required by subsection (a) and a day-for-day
extension to the report required by subsection (d)(4)--
``(1) for every day of delay in implementing or establishing the
Water Rights Task Force caused by a failure to nominate Task Force
members by the Administration or by the Congress; or
``(2) for every day of delay caused by a failure by the
Secretary of Agriculture to identify adequate resources as
determined by the Secretary of Agriculture to carry out the purposes
of the Task Force.''
