WSP03920 - Laserfiche WebLink

Home Browse Search

. . -41- .,~('. . .., ,r .-l- .~ \,J The "national park system" shal I Include any area of land and water now or here- after administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational, or other purposes.841 The fol lowIng subsectIons descrIbe the reserved water rIghts that may be claImed for components of the National Park System under existing precedent. A. National Parks I. Pre-1916 National Parks ,. .~ ~~ The concept' of natIonal parks Is an American Invention. In the period prIor to 1916, the early national parks, such as Yellowstone (1872), Sequoia (1890), Mount RainIer (1899), and Grater Lake (1902), were established by legIslation using nearly Identical "purpose" language: [Yellowstone was] . . . dedicated and set apart as a public park or pleesurlng ground for the benefit and enjoyment of the people. . . . [The Secretary of the Interior] . . . shal I make regulations providing for the preser.vatlon from Injury or spolletlon. of all tlmbbr, ~Ineral deposits, natural curiositIes. or wonders, wIthin the park, and their retention In their natural condition. The Secretary may, In his discretion, grant leases for building purposes. . . for the accommodation of visitors. He shal I pro- vide against the wanton destruction of fish and game found wIthin the park. . . and Is generally authorized to take all such measures as may be necessary or proper 841 Section 2(a), Act of August 18, 1970, 84 Stat. 826, 16 U.S.G. SIc (1970), The Inclusion of "water" In the definitIon of the National Park System clarifies congressional Intent that NPS has JuriSdiction over activities relating to water areas withIn system boundarIes. See United States v. Brown, 552 F.2d 817 (8th Glr. 1977), cert. denied 431 U.S, 949 (1977); United States v. Carter, 339 F. Supp-:i394 (0, Ariz. 1972); 16 U.S.C. ~ la-2(h) (1970). ......~,.'" ...:'c."'