Title 16, ConservationRelease 119-110

§460uu–49 Water Rights

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

Last updated Sep 22, 2026|Official source

Summary

Congress keeps a minimum amount of water for the United States to manage the national monument, the conservation area, and the wilderness areas. The reserved water rights have a priority date of December 31, 1987. This does not change any existing valid or vested water rights, or applications that were pending on December 31, 1987 and later granted. It does not force the Park Service to allow drilling wells inside the monument. It also does not set a rule for future designations or change how other laws are read.

Full Legal Text

Title 16, §460uu–49

Conservation, Source: USLM XML via OLRC

(a)Reservation to United States of minimum amount of water required
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)Effect on existing valid or vested water rights
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)Construction of section as precedent with regard to future designations
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

Sep 22, 2026

Release point: 119-110