WSP03920 - Laserfiche WebLink

Home Browse Search

0025 '?~:.~ . ~.:~:.~;1: .......;, "' ::-......~ . . -40- 9. Wild and Scenic Rivers The Bureau of Land Management administers some of the components of the WIld and Scenic Rivers System,81! The designation of a river as a wi Id, scenic or recreational river uiider this Act explicitly reserves sufficient unappropriated water to fulfill the purposes of the Act.82! The scope and purposes of the reserved water rights for these rivers are discussed at pp. 58-60, Infra, and will therefore not be repeated here, 10. The Federal Land Polley Manacement Act (FLPMA) Nothing In the Federal Land Pol Icy and Management Act supports the as- sertion of a reserved right on BLM lands other than those discussed above. In particular, section 701 (g) of FLP~lA, 43 U,S.C, ~ 1701 (g), provides In pertinent part as follows: Nothing In this Act shall be construed as limiting or restricting the power and author- Ity of the United States or (I) as affectl~g In any way any law governing appropriation or use of, or Federal right to, water on pUblic lands; (2) as expanding or diminishing Federal or State jurisdiction, responsibility, Interests, or rights In water resources development or c.:. nt,o I; . . . 83! By neither expanding nor diminishing either state or federal power, this provision maintains the status QUO with respect to-Water rights on the public lands. --- V. RESERVED WATER RIGHTS APPLICABLE TO AREAS ADMINISTERED BY THE NATIONAL PARK SERVICE The National Park Service (NPS) administers a variety of lands col lec- tlvely known as the National Park Syst~m: 81! 82 Stat. 906, 16 U.S.C. H 1271-1287 (1976). E.Q" Rio Grande RIver, New Mexico; Snake River, Idaho and Oregon; Flathead River, Montana; American River, California. 82! /6 U.S.C. ~ 1284(cl. 83! This provision was contained In the Senate version of the bl" and adopted by the conferees without debate or explanation as to Its meaning.