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

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"unimpaired," and wild and scenic rivers in their "free-
flowing" condition.
F. Also reasonable to assume that some national monuments
will require instream flows.
G. Wilderness areas.
1. The purpose of the National Wilderness Preservation
System is
to secure for the American people of present
and future generations the benefits of an
enduring resource of wilderness. For this
purpose there is hereby established a National
Wilderness Preservation System and these
shall be administered for the use and
enjoyment of the American people in such
manner as will leave them unimpaired for
future use and enjoyment as wilderness.
16 U.S.C. § 1131.
2. In Sierra Club v. Block, 622 F.Supp 842 (Colo.
1985), the court held that reserved rights exist
for national forest wilderness areas. This case is
on appeal.
3. The Solicitor of the Department of the Interior has
issued an opinion that reserved rights do not exist
for wilderness areas. Attorney General Meese
agreed with the Solicitor.
V. Quantification of instream flows.
A. The primary consideration in CWCB instream flow
quantifications appears to be fish habitat.
1. Protection of the natural environment to a
reasonable degree does not always equal protection
of fish habitat.
2. Could incorporate other values.
B. The purposes of many federal natural area reservations
require protection of a much wider range of values than
fish.
1. Congress has not used the term "reasonable" or even
implied that the national parks and wild and scenic
rivers are to be protected to a "reasonable"
degree. Congress has used virtually absolute