Title 16 — ConservationRelease 119-73
§460aa–8 Federal-State water rights
Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER LXXXV— - SAWTOOTH NATIONAL RECREATION AREA › § 460aa–8
Summary
Who controls the waters of any stream in the recreation area is decided by the usual legal rules. If the United States takes a water right that was already established under state or federal law when this part of the law was passed, the owner must be paid fair compensation. This part of the law does not say whether the federal government is, or is not, exempt from state water laws.
Full Legal Text
Title 16, §460aa–8
Conservation — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
Time of enactment of this subchapter, referred to in text, means Aug. 22, 1972, the date of enactment of Pub. L. 92–400, which enacted this subchapter.
Reference
Citations & Metadata
Citation
16 U.S.C. § 460aa–8
Title 16 — Conservation
Last Updated
Apr 6, 2026
Release point: 119-73