Title 16 — ConservationRelease 119-73

§460uu–49 Water rights

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER CVI— - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA › Part Part E— - General Provisions › § 460uu–49

Last updated Apr 6, 2026|Official source

Summary

Congress keeps the smallest amount of water needed to protect and manage the national monument, the conservation area, and the wilderness areas. The United States' priority for that water is dated December 31, 1987. Any water rights already in place, or applications pending on December 31, 1987 that are later approved, are not changed. That does not force the National Park Service to allow drilling groundwater wells inside the national monument. These rules do not set a precedent for future land designations and do not change how other laws are read.

Full Legal Text

Title 16, §460uu–49

Conservation — Source: USLM XML via OLRC

(a)Congress expressly reserves to the United States the minimum amount of water required to carry out the purposes for which the national monument, the conservation area, and the wilderness areas are designated under this subchapter. The priority date of such reserved rights shall be December 31, 1987.

(b)Nothing in this section shall affect any existing valid or vested water right, or applications for water rights which are pending as of December 31, 1987, and which are subsequently granted: Provided, That nothing in this subsection shall be construed to require the National Park Service to allow the drilling of ground water wells within the boundaries of the national monument.

(c)Nothing in this section shall be construed as establishing a precedent with regard to any future designations, nor shall it affect the interpretation of any other Act or any designation made pursuant thereto.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460uu–49

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73