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purpose of conserving "the scenery and the natural and historic objects and the wild life therein" (NPS Organic Act of 1916, 16 US.c. 9 1). Wild and scenic rivers are created for their "remarkable scenic, recreational, geologic, fish and wildlife" values (National Wild and Scenic Rivers Act of1968, 16 D.S.C. 9 1271). National wilderness areas are created to be "an area where the earth and its community of life are untrammeled by man" (Wilderness Act of1964, 16 US.c. 9 113l(c)). Where the primary purpose of the federal reservation implies "all" the remaining unappropriated flows, then this would be the amount of the upside-down instream flow water right. lfthe primary purposes of the federal reservation can be met with something less than "all" the remaining unappropriated flows, then an upside-down instream flow water right could still reserve some water for development. At the point where the amount reserved for development begins to impair the primary purposes of the federal reservation, however, the upside- down instream flow water right would not be legally defensible because it would no longer fulfill those primary purposes. National Park Service Approach. When negotiating the quantity of federal reserved water rights for instream flows, the NPS has employed "departure analysis" (Gillilan and Brown 1997: 213) to assess how much water development could occur without undermining the primary purposes of a unit of the national park system, and has quantified the federally reserved in stream flow right in an upside-down manner. In seeking to establish such upside-down instream flow water rights, the NPS has sandwiched water reserved for development between a conventional instream flow water right (protecting streams from too much depletion at the wrong time) and the remaining flows of the stream (what remains ofthe natural hydrograph). Many park units are located high in the watershed, where little or no water need be reserved for development and where an upside-down instream flow water right may be the easiest way to quantify the natural flow patterns needed to serve the primary purposes of the national park. The NPS has also sometimes subordinated federally reserved, upside-down instream flow water rights to junior rights already appropriated under state law. The NPS and the State of Montana negotiated two compacts concerning five units of the national park system: Glacier National Park, Yellowstone National Park, the Big Hole National Battlefield, the Big Horn Canyon National Recreation Area, and the Little Big Horn Battlefield National Monument (Mont. Code Ann. 9 85-20-401). The agreements for these units started with departure analysis and ended with upside-down instream flow water rights that protected the natural flow regime of many streams in the parks. The Montana members of the negotiation team reported: "The difficulty of determining when to place a call for a flow that does not occur at a predictable time led the parties to seek an alternative approach. Rather than directly quantify the instream flow right, the parties agreed to cap future consumptive uses in the basins and leave the remaining flow instream" (Amman et al. 1995). Streams within the Glacier National Park and Yellowstone National Park or the surrounding wilderness were completely dedicated to in stream flows (Amman et al. 1995). For streams originating outside of the parks, the instream flow water right was quantified as all the flows of the stream except for a "consumptive use" buffer ranging 10