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as wilderness and so as to provide for the protection of
<br />these areas, the preservation of their wilderness character.'
<br />It is clear from the quoted language that the primary
<br />purpose of wilderness areas is also to keep them in an
<br />unimpaired state. However, the same section of the
<br />Wilderness Act also states that the National Wilderness
<br />Preservation System is established for the purpose of
<br />"preservation and protection [of wilderness areas] in their
<br />natural condition."'
<br />Wild and Scenic Rivers
<br />The Wild and Scenic Rivers Act provides:
<br />"It is hereby declared to be the policy of the United States
<br />that certain selected rivers of the nation which, with their
<br />immediate environments, possess outstandingly remarkable
<br />scenic, recreational, geologic, fish and wildlife, historic,
<br />cultural, or other similar values, shall be preserved in free-
<br />flowing condition, and that they and their immediate
<br />environments shall be protected for the benefit and
<br />enjoyment of present and future generations."'
<br />The Wild and Scenic Rivers Act contains a clear, albeit
<br />reluctant, express reservation of water. The act provides
<br />that:
<br />"[D]esignation of any stream or portion thereof as a
<br />national wild, scenic or recreational river area shall not be
<br />construed as a reservation of the waters of such streams for
<br />purposes other than those specified in this chapter, or in
<br />quantities greater than necessary to accomplish these
<br />purposes."'
<br />The express reservation is limited to water necessary for
<br />purposes of the Act. Note, however, that the Act protects a
<br />broad range of values and that the Act directs that wild and
<br />scenic rivers shall be "preserved in free-flowing condition"
<br />without regard to which value or values the river may have
<br />been designated to protect. The Act defines "free-flowing"
<br />as "existing or flowing in natural condition without
<br />impoundment, diversion, straightening, rip-rapping, or
<br />other modification of the waterway."' This language clearly
<br />requires that a wild and scenic river be maintained in the
<br />condition existing at the time of its designation by Con-
<br />gress.
<br />Thus, national parks and wilderness areas are to be
<br />preserved in their unimpaired or natural condition, and
<br />wild and scenic rivers are to be maintained in their free-
<br />flowing or natural condition.
<br />THE PROBLEMS
<br />The first rule of construction of a statute is to look to the
<br />language of the statute itself.3 In construing the statute, the
<br />courts must read the language in its ordinary and usual
<br />sense.' "Impair" means to make worse, to diminish in
<br />quantity, value, excellence, or strength; to deteriorate or
<br />damage.' The National Park Service Act of 1916 is clear on
<br />its face. Congress could not have used plainer or clearer
<br />language to express its intent. Consequently, there is really
<br />no need to look to its legislative history. However, the
<br />House Report on the 1916 Act stated that "[t]he segregation
<br />of national park areas necessarily involves the preservation
<br />of nature as it exists."' Thus, both the plain meaning and
<br />legislative history of the 1916 Act make it crystal clear that
<br />the national parks are to be preserved intact. This necessar-
<br />ily applies to the water in the park as well as the animals,
<br />soils, rocks, and vegetation. The amount reserved is no
<br />more than that amount necessary to keep the park
<br />unimpaired or preserve nature as it exists. Or, as those who
<br />oppose reserved rights prefer, the amount "minimally
<br />necessary" to fulfill the reservation purpose. However,
<br />preservation of nature, intact or unimpaired, obviously
<br />requires maintenance of the natural hydrologic conditions
<br />or flow regimes.
<br />The purpose of wilderness areas is also to keep them
<br />unimpaired. However, the Wilderness Act also states that
<br />the National Wilderness Preservation System is established
<br />for the purpose of "preservation and protection [of wilder-
<br />ness areas] in their natural condition." The Wilderness Act
<br />defines a wilderness as, among other things, "primeval,"
<br />"protected and managed so as to preserve its natural
<br />conditions," and which has the appearance of having been
<br />affected "primarily by the forces of nature."' This language
<br />also clearly requires that all of the water in the wilderness
<br />area be left intact.
<br />While the Wild and Scenic Rivers Act does not use the
<br />term "unimpaired," as do the National Park Act and the
<br />Wilderness Act, the language is clear that the rivers are to
<br />be preserved in their free-flowing condition without
<br />modification or diversion. This necessarily means that the
<br />natural flow regime is reserved. In the case of wild and
<br />scenic rivers, however, the Act states that it does not reserve
<br />amounts "greater than necessary" to accomplish the
<br />purposes of the Act. Even without this language, the same
<br />rule would apply-no reserved right is greater than the
<br />amount necessary to accomplish the purpose or purposes
<br />of the reservation.3 However, when the purpose of the
<br />reservation is to keep the river in its free-flowing or natural
<br />condition, without diversion or modification, the natural-
<br />flow regime existing at the time of the reservation is the
<br />amount of water necessary to accomplish that purpose. 16
<br />U.S.C. § 1131.
<br />Thus, the National Park Service Act of 1916, the Wilder-
<br />ness Act, and the Wild and Scenic Rivers Act, interpreted
<br />according to their plain meanings, reserve the hydrologic
<br />regimes existing at the time of the reservation of a national
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