§410aaa–76 — Title 16 Conservation | U.S. Code

§410aaa–76 Federal reserved water rights

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER LIX–Y— - CALIFORNIA DESERT LANDS PARKS, PRESERVE, AND OFF-HIGHWAY VEHICLE RECREATION AREAS › Part Part D— - Miscellaneous Provisions › § 410aaa–76

Last updated Apr 6, 2026|Official source

Summary

Except as section 204 says otherwise, Congress reserves enough water for each wilderness area created by this law so the law’s goals can be met. The official date for those water rights is October 31, 1994. The Secretary and other federal officials must protect those water rights. They must file claims in any current or future California water court cases where the United States is or might be a party, under 43 U.S.C. 666, so the amount of water is decided. The law does not give up or reduce any U.S. water rights in California that existed on or before October 31, 1994. These federal water rights apply only to the specific California wilderness areas named here and do not set a rule for future designations or change how other laws are read.

Title 16, §410aaa–76

Conservation — Source: USLM XML via OLRC

(a)Except as otherwise provided in section 204 of this Act, with respect to each wilderness area designated by this Act, Congress hereby reserves a quantity of water sufficient to fulfill the purposes of this Act. The priority date of such reserved water rights shall be October 31, 1994.

(b)The Secretary and all other officers of the United States shall take all steps necessary to protect the rights reserved by this section, including the filing by the Secretary of a claim for the quantification of such rights in any present or future appropriate stream adjudication in the courts of the State of California in which the United States is or may be joined in accordance with section 666 of title 43.

(c)Nothing in this Act shall be construed as a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State of California on or before October 31, 1994.

(d)The Federal water rights reserved by this Act are specific to the wilderness area located in the State of California designated under this Act. Nothing in this Act related to the reserved Federal water rights 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 made thereto.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 204 of this Act, referred to in subsec. (a), is section 204 of Pub. L. 103–433, title II, Oct. 31, 1994, 108 Stat. 4485, which is not classified to the Code. This Act, referred to in subsecs. (a), (c), and (d), is defined in section 3 of Pub. L. 103–433, which is set out as a Definitions note under section 410aaa of this title.