
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC526]

 
                         TITLE 16--CONSERVATION
 
                       CHAPTER 2--NATIONAL FORESTS
 
             SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION
 
Sec. 526. Establishment and protection of water rights

    There are authorized to be appropriated for expenditure by the 
Forest Service such sums as may be necessary for the investigation and 
establishment of water rights, including the purchase thereof or of 
lands or interests in lands or rights-of-way for use and protection of 
water rights necessary or beneficial in connection with the 
administration and public use of the national forests.

(Sept. 21, 1944, ch. 412, title II, Sec. 213, 58 Stat. 737.)

                          Codification

    This section was enacted as a part of the Department of Agriculture 
Organic Act of 1944.


                   Interim Moratorium on Bypass Flows

    Pub. L. 104-127, title III, Sec. 389, Apr. 4, 1996, 110 Stat. 1021, 
as amended by Pub. L. 104-180, title VII, Sec. 736, Aug. 6, 1996, 110 
Stat. 1607, provided that:
    ``(a) Moratorium.--There shall be a 20-month moratorium on any 
Forest Service decision to require bypass flows or any other 
relinquishment of the unimpaired use of a decreed water right as a 
condition of renewal or reissuance of a land use authorization permit.
    ``(b) Limitations.--Subsection (a) shall not affect--
        ``(1) obligations or authority of the Secretary of Agriculture 
    to protect public health and safety; and
        ``(2) obligations or authority under the Endangered Species Act 
    of 1973 (16 U.S.C. 1531 et seq.), or applicable State law.
    ``(c) Rules of Construction.--
        ``(1) Existing non-federal water rights.--Nothing in this 
    section prevents or inhibits the exercise of the use and operation 
    of existing non-Federal water rights on or above the National Forest 
    land that require land use authorization permits from the Forest 
    Service to access water supply facilities.
        ``(2) Renewal or reissuance of expiring land use authorization 
    for decreed water rights.--Nothing in this section prevents or 
    inhibits the renewal or reissuance of expiring land use 
    authorizations for decreed water rights. The Forest Service may 
    extend, as needed, any expiring land use authorization for such time 
    as is necessary to incorporate the results of the study authorized 
    by subsection (d).
    ``(d) Study of Water Rights Across Federal Lands.--
        ``(1) Establishment.--Not later than 60 days after the date of 
    enactment of this Act [Apr. 4, 1996], there shall be established a 
    Water Rights Task Force to study the subjects described in paragraph 
    (3).
        ``(2) Membership.--The Task Force shall be composed of 7 members 
    appointed as follows:
            ``(A) 1 member shall be appointed by the Secretary of 
        Agriculture.
            ``(B) 2 members shall be appointed by the Speaker of the 
        House of Representatives and 1 member shall be appointed by the 
        Minority Leader of the House of Representatives.
            ``(C) 2 members shall be appointed by the Majority Leader of 
        the Senate and 1 member shall be appointed by the Minority 
        Leader of the Senate.
        ``(3) Subjects to be studied.--The Task Force shall study and 
    make recommendations on--
            ``(A) whether Federal water rights should be acquired for 
        environmental protection on National Forest land;
            ``(B) measures necessary to protect the free exercise of 
        non-Federal water rights requiring easements and permits from 
        the Forest Service;
            ``(C) the protection of minimum instream flows for 
        environmental and watershed management purposes on National 
        Forest land through purchases or exchanges from willing sellers 
        in accordance with State law;
            ``(D) the effects of any of the recommendations made under 
        this paragraph on existing State laws, regulations, and customs 
        of water usage; and
            ``(E) measures that would be useful in avoiding or resolving 
        conflicts between the Forest Service's responsibilities for 
        natural resource and environmental protection, the public 
        interest, and the property rights and interests of water holders 
        with special use permits for water facilities, including the 
        study of the Federal acquisition of water rights, dispute 
        resolution, mitigation, and compensation.
        ``(4) Final report.--As soon as practicable, but not later than 
    14 months, after the date of enactment of this Act [Apr. 4, 1996], 
    the Task Force shall provide the final report of the Task Force to--
            ``(A) the Secretary of Agriculture;
            ``(B) the Speaker of the House of Representatives;
            ``(C) the President pro tempore of the Senate;
            ``(D) the Chairman of the Committee on Agriculture of the 
        House of Representatives;
            ``(E) the Chairman of the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate;
            ``(F) the Chairman of the Committee on Resources of the 
        House of Representatives; and
            ``(G) the Chairman of the Committee on Energy and Natural 
        Resources of the Senate.
        ``(5) Authorization of funds.--The Secretary of Agriculture 
    shall use funds made available for salaries and administrative 
    expenses of the Department of Agriculture to carry out this 
    subsection.
    ``(e) Extension for Delay.--There shall be a day-for-day extension 
to the 20-month moratorium required by subsection (a) and a day-for-day 
extension to the report required by subsection (d)(4)--
        ``(1) for every day of delay in implementing or establishing the 
    Water Rights Task Force caused by a failure to nominate Task Force 
    members by the Administration or by the Congress; or
        ``(2) for every day of delay caused by a failure by the 
    Secretary of Agriculture to identify adequate resources as 
    determined by the Secretary of Agriculture to carry out the purposes 
    of the Task Force.''
