16 U.S.C. § 460ccc–8: Water

Summary

Reserves enough water for the conservation area to meet its purposes. The water rights get a priority date of November 16, 1990, except for rights tied to lands added after that date — those get the date the Act added those lands. The Secretary must protect these federal water rights, including filing a claim to determine the amount in any Nevada water adjudication where the United States is or may be joined, under section 666 of title 43. These rights are extra to any earlier federal water rights and apply only to this conservation area; they do not set a rule for future areas or change other laws.

Title 16, §460ccc–8

Conservation, Source: USLM XML via OLRC

(a)Reservation of rights

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)Priority date of reservation

The priority date of the water rights reserved in paragraph (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)Protection of rights

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)Effect on previously secured rights

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)Scope and construction of rights

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