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8000 7000 6000 .~ <2 5000 ~ :;; 0 4000 ~ ~ t: cd ?-l 3000 ;: en 2000 1000 Upside-down Instream Flow Water Right ___ Water Development Potential Conventional Stair-stepped Instream Flow Water Right o Oct Nov Dee Jan Feb Mar Apr May Jun Jul Aug Sep FIGURE 6. Water Development Potential Sandwiched Between Conventional and Upside-down Instream Flow Water Rights LEGALITY OF UPSIDE-DOWN IN STREAM FLOW WATER RIGHTS We turn next to the legality of upside-down instream flow water rights, as federally reserved water rights or as water rights appropriated under state law. We also consider one case where an attempted appropriation of an upside-down water right under state law became entangled in a federal regulatory scheme and a water rights enforcement Issue. Federally Reserved, Upside-down Instream Flow Water Rights The quantity of a federally reserved water right is the amount of water needed to serve the primary purpose of the federal reservation and does not depend on the beneficial use of water under state law. What may be considered a waste of water under state law may still be legally protected under a federally reserved water right. The amount of water needed to serve the primary purposes of a federal reservation can be, and often is, determined under state procedural laws in state court, if the amounts of all hydrologically related water rights, whether federally reserved or appropriated under state law, are determined under the same procedures in a "general adjudication." State procedures in a general adjudication cannot be applied, however, to frustrate the substance of the federally reserved water right, which is still governed by federal law. Several federal land designations may imply a federally reserved water right for instream flows to accomplish the primary purpose of the reservation. These rights can be structured as upside-down instream flow water rights. National parks are created for the 9