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UNCERTAIN WATER RIGHTS any recent appropriation applications would be hope- lessly "junior" to many other claimants. As a result, little or no water is likely to be available for appropri- ation to parks because water is scarce in the West, demand is high, and most water sources adminis- tered under the prior appropriation system are already over-allocated. Finally, under the riparian system of water law that governs water allocation in most eastern and midwestern states, parks lacking federal reserved water rights are also likely to have difficulty in pro- tecting needed flows. In this system, every landowner bordering a stream has a right to use a "reasonable" quantity of water as long as that use does not inter- fere with the "reasonable use" of water by other landowners. In contrast to the prior appropriation system, the order in which the claimants begin using water does not generally establish any special prior- ity. If demand increases, or in times of shortage, the available water supply is shared by all riparian right- holders based on the principle of "reasonable use." Thus, under the riparian system, units of the National Park System that border a stream, or into which a stream flows, theoretically have a right to a "reasonable use" of that water. A park's riparian right, however, is of uncertain quantity, and is vulnerable to damaging reductions as demands on water increase, or if shortages occur. In addition, to protect park flows against damaging reduction from compet- ing uses, the Park Service must be able to demon- strate, if necessary in litigation, that competing uses constitute an "unreasonable use" of water. NPCA <tECOMMENDA7lON5: Congress should assure that legal standards and procedures are adequate to protect the quarrtity of water necessary, to preserve all park waters and water-related resources unim- palred. CeingressShould: 1. Reaffirm that the federal reserved water right,doctrine reservesand°protects ali water, including ground water, in.units ofthe National: Park System; to the fall extent needed tci avoid impairment of any of the resources, and values subsumed within the purposes identified in the National Park-Service Organic Act, as well as in the legislation or proclamation establishing specific park units. 2. Simplify the standards and evidentiary burden that must_be met by=the Park Service to establish the quantity of water protected=for park purposes under the federal reserved water right doctrine. Make clear that existing ~liows or levels of,park watersare. protected against irnpairmenrby~the Park Service- Organic Act and therefore constitute the minimum amount of water protected by a park's reserved-right (except where diminished by yalici priox` rights). 3. Make clear that where. federal lands are designated as Wilderness; including lands within units of the National bark System, a.federal reserved water,rghe is implied for wilderness purposes unless Congress explicitly state otherwise. 4. Make clear that the Park Service may acquire and hold appropriative water rights, as well as reserved ,rights, far the purpose of maintaining the instream. flows needed to sustain a park's water-relayed pur- :poses, 5. Provide funding fox acquisition of needed water tights by purchase, and authorize acceptance of water rights by donation, where the. Park Service has :been unable, to establish legal entitlement to the amount of water needed to protect parkvalues and resources. 6. Assure that the Water Resource Division of the Nati©nal Park Service is adequately funded to support effective preparation for all proceedings necessary to protect park ~vaters,.anrl provide~for an independent office of legal courtsehforahe Park Service with fall authority to represent the Service in all administrative ,~ anal judicial proc~:dings~that rtsay de[eiinine the quantity of waxer available for our parks. The Parh ,service 5houid: 7. Revise its Management Policies to require. vigorous assertion of federal reserved vvaier rights to serve all purposes estalili~hed under the.Park Service,Organic.Act as well: as for-all purposes recognized in a park's ,establishing legislation c5T proclamation: ~ _ ~ ~„ 25