Title 16, ConservationRelease 119-110

§410aaa–76 Federal Reserved Water Rights

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

Last updated Sep 22, 2026|Official source

Summary

Congress reserves enough water for each wilderness area created by this Act so the area can serve its purpose, unless section 204 says otherwise. The priority date for those reserved water rights is October 31, 1994. The Secretary and other U.S. officials must protect those rights, including filing claims to determine them in California stream-adjudication courts where the United States is or may be joined under section 666 of title 43. The Act does not reduce any U.S. water rights held on or before October 31, 1994. The reservation applies only to the named wilderness area and does not set a rule for future areas or interpret other laws.

Full Legal Text

Title 16, §410aaa–76

Conservation, Source: USLM XML via OLRC

(a)Reservation of sufficient water
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)Protection of rights reserved
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)Relinquishment or reduction of rights
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)Specific reservation
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.

Legislative History

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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 410aaa–76

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110