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. . -45- ,...~.. # ,'. The purposes stated In the 1916 Organic Act attach to al I "natlo;1al parks" created prIor to 1916 by vIrtue of the statutory reference to "natIonal parks" In the general sense. The above-defined reserved water rights carry a priority date as of the date of the-Individual park's enablIng legislatIon. 3. Post-1916 Acts ..__:..... The post-1916 acts establishIng new natIonal parks generally state that park protection and adminIstration wI I I be pursuant to the 1916 organic act. See for example 16 U.S.C. ~ BOd (KIng's Canyon National Park), 16 U.S~ ~ 90c (North Cascades National Park), and 16 U.S.C. ~ 158 (8lg Bend National Park). In any event, 16 U.S.C. ~ I would be ap- plIcable to these subsequent national park units by vIrtue of Its In- clusive "natIonal parks" language, Therefore, the purposes outlined In the 1916' Act constitute stated purposes for the Individual post-I916 reservatIons and the reserved water rights descrIbed above attach as of the date of an Individual park's enabling legislation. Moreover, It Is possible that the IndivIdual park's enabl In9 statutes may state additional purposes hot encompassed by the 1916 Act for which reserved rights may attach. Congress has taken ~o action subsequent to !916 to negate the I~pl led Intent contained In the Organic Act that al I unappropriated waters necessary to fulfl I I the purposes of the national parks are reserved as of the date of the enabling leg)slatlon. General post-19!6 legis- lation reInforces the prInciples of federal ()ntrol over water and paramcunt protection of park resources. For example, the Act of March 3,1921,4\ Stat. 1335, 16 U,S.C, ~ 979a (1970), prohibits licensIng of water projects within parks and monuments without the specIfic authorIty of Congress. The 1921 Act reaffIrms the principle of the .~~~;:. [footnote continued] Is Internally lnconslstent with the recognItion of reserved water rIghts for land-based public enjoyment and recreation (e.g., maIntenance of hiking tral Is, campgrounds, hay and watering of anImals used to enjoy parks). The public enjoyment of certain scenic, natural, historic and bIotic park resources can best be obtained through water- borne public enjoyment and recreation (e.g., canoeing, rafting, boating), rather than through land-based publ Ie enjoyment and recreatIon (e.g" hiking, horseback ridIng). Thus, I conclude that water-borne pUblic enjoyment and recreation Is a fundamental purpose for park reservations under I~ U.S.C. ~ I, and that necessary mInImum stream flows and lake levels for public enjoyment and recreation may be claimed under the reserved water rights doctrine for national parks. ":-~ .;":i ---'-.' -_.";.-=-.,: