Title 16, ConservationRelease 119-73not60
§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
Summary
Congress reserves the minimum water needed for the national monument and areas (priority date December 31, 1987), without affecting water rights or pending applications as of that date; the Park Service need not allow drilling wells inside the monument, and this sets no precedent or changes laws.
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 5, 2026
Release point: 119-73not60