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• Questions Regarding Wild & Scenic Rivers Analysis <br /> — Water Rights/Water Projects <br /> • Does BLM obtain a federal water right if the agency determines that stream <br /> segments are suitable for wild & scenic river designation? <br /> No. A BLM determination in a planning document is not sufficient to establish a water <br /> right. BLM does not obtain a federal water right unless the United States Congress <br /> officially designates a stream segment as Wild& Scenic. <br /> • If Congress does designate a stream segment as wild&scenic, what type of <br /> water right does BLM obtain? <br /> BLM would obtain a water right that carries a priority date that is equal to the date <br /> Congress officially designated the stream. This means that the new water right would be <br /> junior to all existing water rights. BLM would then conduct studies to determine the <br /> minimum amount of water needed to support the outstandingly remarkable values. <br /> BLM's water right claim would be adjudicated through the state's water court system, <br /> and BLM would be required to prove the timing and amount of water sought is the <br /> minimum necessary to support the outstandingly remarkable values. <br /> • Since the water right would be a federal water right,would it automatically be <br /> able to take water away from other water rights? <br /> No. The water right would be administered just like any other junior water right. The <br /> primary circumstance in which the federal right could impact senior water rights is if the <br /> owners sought to change those water rights. Just like any other junior water right, BLM <br /> would be entitled to stream conditions that existed at the time the water right was <br /> established. BLM could file an objection in water court to protect those conditions. <br /> • Would a suitability determination in a planning document allow BLM to <br /> become involved in water rights processes in order to protect the <br /> outstandingly remarkable values? <br /> Until the U.S. Congress officially designates a stream segment as a Wild and Scenic <br /> River, the Wild and Scenic Rivers Act does not provide any additional authority or <br /> requirements for BLM to participate in water rights processes. This occurs because no <br /> water right is created for BLM until Congress actually designates the suitable segment. <br /> Agency actions to protect outstandingly remarkable values in the suitable segment are <br /> restricted to authorities the agency already possesses under other federal laws, including <br /> the Federal Land Policy and Management Act. <br /> BLM involvement would be triggered only if the proposed water right would injure an <br /> existing BLM water right decreed for other purposes, and that would be highly unlikely. <br /> BLM would not be able to object to the proposed water right based upon injury to <br /> • <br /> 1 <br />