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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flows that are part of the natural
environment?
c. What if the "system" forces numerical
quantification which turns out to be wrong?
3. In natural areas which encompass the watershed like
most of Rocky Mountain National Park and most of
Yellowstone National Park, it may not be crucial.
But what about streams in national parks that are
downstream from communities?
4. There is no simple answer.
VI. Conclusions.
A. The federal purposes determine the nature and quantity of
federal instream flows.
B. Congress makes the judgments about what is worth
protecting and the degree to which it shall be protected.
C. The federal purposes of national forests, national parks,
wild and scenic rivers and some national monuments which~~
require instream flows are not identical or even similar
to protecting the natural environment to a reasonable
degree.
D. Quantification of flows required to maintain federal
natural areas in an "unimpaired" state is a complex
problem.
E. The CWCB program may offer opportunities to maintain
stream flows on federal lands which are not reserved or
which otherwise do not qualify for reserved rights.