WSP03920

• File Number: 8062
• Description: Federal Water Rights
• State: CO
• Basin: Statewide
• Date: 6/22/1979
• Author: WSWC
• Title: Solicitors Opinion Concerning Federal Reserved Water Rights
• Water Supply Pro - Doc Type: Report/Study

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B. National Monuments

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The Antiquities Act of 1906. 34 Stat. 225. 16 U.S.C. ~ 431 ~! ~~g.,
(1976), empowers the President to proclaim natIonal monuments on lands
owned or acquIred by the Federal Government containing historIc
landmarks. hIstorIc or prehistorIc structures. or other objects of
historic or scientific Interest, and to reserve adjacent federal lands
for the proper care and manaGement of the protected objects. It Is
wel I settled that reserved water rights may attach to natIonal monu-
ments, ~~~~!. ~~.

I. Pre-1916 National Monuments

Between 1906 and 1916, the President acted several times to create
natIonal monuments. See. e.q., Proc. 65!l, 34 Stat. 3236 <Oevll's
Tower National Monument); Proc. 697, 34 Stat. 3266 (Petrified Forest
National Monument), The proclamatIons establishing these early
national monuments are brief, generally cItIng the statutory language,
naml ng the landmarks, structures or other' objects to be protected,
statIng that the "publIc good would be promoted" by the reservation.
and giving a land description.

Clearly the proclamatlcns Intended to reserve such water as necessary
to provide for the proper care and management of the stated landmarks,
structures. or objects of historic or scientific Interest, the raison
d' etre for the oeservatlon. It 1s less clear, however, whether the
early proclemations also reserved water rights for the protectIon of
other unstated elements of the national monuments (~, bIologIcal
resources) and for their publIc enjoyment.

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In the folorad2_~~~ lItigation, supr~, the Master-Referee and
Colorado district court approved a decree grantIng broad reserved
water rIghts for the Colorado NatIonal Monument's unstated objects
and publ tc enjoyment thereof, carrying a prIority date of 191 I. This

[footnote contInued]
States or Territory relating to the con-
trol, approprIation. use or dIstributIon
of water used In Irrigation, or any vested
rights acquired thereunder, and the
Secretary of the Interior, In carrying
out the provisions of this Act, shal I
proceed In conformity with such laws.

UnlIke the general discretionary authorIty of the 1946 Act, the spe-
cIfIc and mandatory language of sectIon 8 evIdences a clear congressIonal
Intent to defer TO state law In securing of federal water rights.

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