§460ccc–8 — Title 16 Conservation | U.S. Code

Summary

Reserves enough water for the conservation area to do what it was created to do. The priority date for those reserved water rights is November 16, 1990, except for lands added later — for those lands the priority date is the date the law added them. The Secretary must protect these rights, including filing claims to quantify them in Nevada water cases under section 666 of title 43. These federal water rights are extra to any earlier U.S. water rights and apply only to this conservation area; they do not set a rule for other areas or laws.

Title 16, §460ccc–8

Conservation — Source: USLM XML via OLRC

(a)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)The priority date of the water rights reserved in paragraph 11 So in original. Probably should be “subsection”. (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.

(c)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (b). Pub. L. 103–450 inserted before period at end “, 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”.

§460ccc–8 Water

Summary

Title 16, §460ccc–8

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata