§410hhh–7 Water Rights

Summary

The law protects water rights that existed on November 22, 2000. It does not change who uses, owns, or controls those rights, any vested or decreed water rights (including ones the United States holds), or any interstate water compacts. State control over water law remains, except as this law lets the Secretary get and use water rights needed to run the national park and national preserve. Any such water rights must be obtained, changed, and managed under Colorado’s rules and priority system. The Secretary may get water specifically to maintain ground and surface water levels and stream flows for the park and preserve, but those actions must not interfere with non-Federal water uses in the San Luis Valley that existed on November 22, 2000, or with the Closed Basin Division, San Luis Valley Project. No new federal reservation of water for the park or preserve may be claimed except as described here. If the United States already has water rights for the Rio Grande National Forest or for the Great Sand Dunes National Monument, those rights count the same for the preserve or park and keep their priority and purpose when included. If the Luis Maria Baca Grant No. 4 is acquired, its water rights and resources can only be used inside the park, preserve, the national wildlife refuge, or the areas immediately around Alamosa or Saguache Counties, Colorado. Except for the agreements dated August 28, 1997, those waters must be used only to protect park or refuge resources, for fish and wildlife, or for irrigation needed to protect water, and any change in use must follow Colorado law. The Secretary may sell water resources and related fixtures if needed to end obligations under the August 28, 1997 agreements, but only after deciding the sale will not harm the protection of the monument, park, preserve, or the Baca National Wildlife Refuge and after including measures to protect them.