9353

• UCREFRP Catalog Number: 9353
• Author: Hill, J. R. J.
• Title: Federal Reserved Rights Claims for Instream Flows.
• USFW Year: 1990.
• USFW - Doc Type: Denver.
• Copyright Material: NO

-3-
d. Magnitude ranging from very low base flow to
bankfull discharge.
B.
C.
National Parks.
1. The fundamental or primary purpose of the national
parks is to conserve the scenery and the natural
and historic objects and the wild life therein and
to provide for the enjoyment of the same in such
manner and by such means as will leave them
unimpaired for the enjoyment of future generations.
16 U.S.C. § 1.
2. Keeping national parks "unimpaired for future
generations" obviously requires instream flows and
in situ water.
3. Note that Congress did not direct that the natural
environment in the national parks be maintained to
a "reasonable degree."
National monuments.
1. The American Antiquities Preservation Act, 16
U.S.C. § 431 authorizes the President
to declare by public proclamation historic
landmarks, historic and prehistoric
structures, and other objects of historic or
scientific interest that are situated upon the
lands owned or controlled by the Government of
scientific interest that are situated upon the
lands owned or controlled by the Government of
the United States to be national monuments.
2. Specific national monuments in Colorado.
a. Dinosaur. Court denied instream flows.
b. Great Sand Dunes. Parties consented to entry
of decree including instream flows. Flows
contributed to stability of dunes by
transporting sand which was blown back onto
the dune mass and "pulsating flow" in Medano
Creek and other creeks flowing into monument
was of scientific interest.
c. Black Canyon of the Gunnison. Water Court in
Case No. W-429 granted "conditional decree"
which is contradiction in terms. Monument is
directly downstream from Aspinall Unit of the
CRSP, Purposes of both must be considered in