7386

• UCREFRP Catalog Number: 7386
• Author: National Park Service.
• Title: Resource/Boundary Evaluation for Lands Adjacent to Black Canyon of the Gunnison National Monument, Colorado.
• USFW Year: 1990.
• USFW - Doc Type: Washington, D.C.
• Copyright Material: NO

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APPENDIX C

United States Department of the Interior

NATIONAL PARK SER VICE
WATER RESOURCES DIVISIO~
301 SOUTH HOWES ST. ROOM 335
FT COLLINS. COLORADO 80521

:SAW

-- .
- .

IN aEPL y aEFEll. TO:

June 8, 1989

L54(479)
R.MR./BLCA, COLM

Memorandum

To:

Superintendent, Black Canyon National Monument
Superintendent, Colorado National Monument

From:

Chief, Water Rights Branch, Water Resources Division

Subject:

Possible Unit Expansions--Water Rights Implications

As requested of the Chief, Water Resources Division, the following assessment
of the water rights implications of the possible e%psosion of Colorado
National Monument (COLM) and Black Canyon of the Gunnison National Monument
(BLCA) is prepared for your information.

It is our understanding that integral to deliberations surrounding possible
e%pansion of BLCA and COLM is the issue of Federal reserved water rights.
Specifically at issue is Congressional language to explicitly exclude such
water rights from the enabling legislation. This memorandum is prepared to
provide perspective on the ramifications of such action.

I.ECENT D.ENDS

Until recently, thecreatioo of a National Park, Monument, Forest, or other
Federal reserve bas not been attended by the explicit reservation or rejectio~
of water rights under the Federal reserved water rights doctrine. However"
the creation of Great Basin National Park, and El Malpais, Baggerman Fossill
Beds, and City of Rocks National Monuments has seen the inclusion in their
enabling legislation of expllci t language regarding Federal reserved water
rights. This language (attached) has neither uniformly embraced nor rejected
such rights. To understand the meaning of such language, it is appropriate to
brief 1y describe the history and nature of the Federal reserved water right
before proceeding further.

MCKGB.OUlfD

First, it is important to note that the Federal reserved water rights doctrine
is a creation C1f the courts. It began in 1908 with a finding by the U.s.
Supreme Court regarding an Indian rese.rvation. The Court determined that,
even though there was no treaty language addressing water rights and State law
governed the ownership of the right to use water, water rights were engendered
by the Federal Government's crea tion of the Fort Belknap Indian Reservation.
The doctrine was gradually expanded until the early 1970' s when the Court
began to llmi tits applies tiOD.

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