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

'.
-4-
quantifying instream flows.
D. Wild and Scenic Rivers.
1. The Wild and Scenic Rivers Act, 16 U.S.C. § 1271 ~t
sew., provides:
It is hereby declared to be the policy of the
United States that certain selected rivers of
the Nation which, with their immediate
environments, possess outstandingly remarkable
scenic, recreational, geologic, fish and
wildlife, historic, cultural, or other similar
values, shall be ,.preserved in free-flowing
condition, and that they and their immediate
environments shall be protected for the
benefit and enjoyment of present and future
generations.
2. In the Wild and Scenic Rivers Act "free-flowing"
means
"existing or flowing in natural condition
without impoundment, diversion, straightening,
rip-rapping, or other modification of the
waterway." 16 U.S.C. § 1286(b).
3. Of most significance is the following express
reservation of water at 16 U.S.C. § 1284(c):
Designation of any stream or portion thereof
as a national wild, scenic or recreational
river area shall not be construed as a
reservation of the waters of such streams for
purposes other than those specified in this
chapter, or in quantities greater than
necessary to accomplish these purposes.
4. The express reservation is limited to water
necessary for purposes of the, Act. Note, however,
that the Act seeks to protect a broad range of
values and that the Act mandates that Wild and
Scenic rivers shall be "preserved in free-flowing
condition."
5. The Cache la Poudre River is the only wild and
scenic river in Colorado. The United State has
claimed instream flows which remain to be
quantified .
E. Reasonable to conclude that water, in the form of
instream flows, is necessary to keep national parks