
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC410hhh-7]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
     SUBCHAPTER LIX-FF--GREAT SAND DUNES NATIONAL PARK AND PRESERVE
 
Sec. 410hhh-7. Water rights


(a) Omitted

(b) Effect on water rights

                           (1) In general

        Subject to the amendment made by subsection (a) of this 
    section,\1\ nothing in this subchapter affects--
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    \1\ See Codification note below.
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            (A) the use, allocation, ownership, or control, in existence 
        on November 22, 2000, of any water, water right, or any other 
        valid existing right;
            (B) any vested absolute or decreed conditional water right 
        in existence on November 22, 2000, including any water right 
        held by the United States;
            (C) any interstate water compact in existence on November 
        22, 2000; or
            (D) subject to the provisions of paragraph (2), State 
        jurisdiction over any water law.

      (2) Water rights for national park and national preserve

        In carrying out this subchapter, the Secretary shall obtain and 
    exercise any water rights required to fulfill the purposes of the 
    national park and the national preserve in accordance with the 
    following provisions:
            (A) Such water rights shall be appropriated, adjudicated, 
        changed, and administered pursuant to the procedural 
        requirements and priority system of the laws of the State of 
        Colorado.
            (B) The purposes and other substantive characteristics of 
        such water rights shall be established pursuant to State law, 
        except that the Secretary is specifically authorized to 
        appropriate water under this subchapter exclusively for the 
        purpose of maintaining ground water levels, surface water 
        levels, and stream flows on, across, and under the national park 
        and national preserve, in order to accomplish the purposes of 
        the national park and the national preserve and to protect park 
        resources and park uses.
            (C) Such water rights shall be established and used without 
        interfering with--
                (i) any exercise of a water right in existence on 
            November 22, 2000, for a non-Federal purpose in the San Luis 
            Valley, Colorado; and
                (ii) the Closed Basin Division, San Luis Valley Project.

            (D) Except as provided in subsections (c) and (d) of this 
        section, no Federal reservation of water may be claimed or 
        established for the national park or the national preserve.

(c) National Forest water rights

    To the extent that a water right is established or acquired by the 
United States for the Rio Grande National Forest, the water right 
shall--
        (1) be considered to be of equal use and value for the national 
    preserve; and
        (2) retain its priority and purpose when included in the 
    national preserve.

(d) National Monument water rights

    To the extent that a water right has been established or acquired by 
the United States for the Great Sand Dunes National Monument, the water 
right shall--
        (1) be considered to be of equal use and value for the national 
    park; and
        (2) retain its priority and purpose when included in the 
    national park.

(e) Acquired water rights and water resources

                           (1) In general

        (A) If, and to the extent that, the Luis Maria Baca Grant No. 4 
    is acquired, all water rights and water resources associated with 
    the Luis Maria Baca Grant No. 4 shall be restricted for use only 
    within--
            (i) the national park;
            (ii) the preserve;
            (iii) the national wildlife refuge; or
            (iv) the immediately surrounding areas of Alamosa or 
        Saguache Counties, Colorado.

        (B) Use.--Except as provided in the memorandum of water service 
    agreement and the water service agreement between the Cabeza de Vaca 
    Land and Cattle Company, LLC, and Baca Grande Water and Sanitation 
    District, dated August 28, 1997, water rights and water resources 
    described in subparagraph (A) shall be restricted for use in--
            (i) the protection of resources and values for the national 
        monument, the national park, the preserve, or the wildlife 
        refuge;
            (ii) fish and wildlife management and protection; or
            (iii) irrigation necessary to protect water resources.

                         (2) State authority

        If, and to the extent that, water rights associated with the 
    Luis Maria Baca Grant No. 4 are acquired, the use of those water 
    rights shall be changed only in accordance with the laws of the 
    State of Colorado.

(f) Disposal

    The Secretary is authorized to sell the water resources and related 
appurtenances and fixtures as the Secretary deems necessary to obtain 
the termination of obligations specified in the memorandum of water 
service agreement and the water service agreement between the Cabeza de 
Vaca Land and Cattle Company, LLC and the Baca Grande Water and 
Sanitation District, dated August 28, 1997. Prior to the sale, the 
Secretary shall determine that the sale is not detrimental to the 
protection of the resources of Great Sand Dunes National Monument, Great 
Sand Dunes National Park, and Great Sand Dunes National Preserve, and 
the Baca National Wildlife Refuge, and that appropriate measures to 
provide for such protection are included in the sale.

(Pub. L. 106-530, Sec. 9, Nov. 22, 2000, 114 Stat. 2533.)

                          Codification

    Section is comprised of section 9 of Pub. L. 106-530. Subsec. (a) of 
section 9 of Pub. L. 106-530 amended section 1501(a) of Pub. L. 102-575, 
106 Stat. 4663, which is not classified to the Code.
