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16 U.S.C. § 410aaa–76 — Federal reserved water rights

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 410aaa–76 — Federal reserved water rights

**(a) Reservation of sufficient water** Except as otherwise provided in section 204 of this Act, with respect to each wilderness area designated by this Act, Congress hereby reserves a quantity of water sufficient to fulfill the purposes of this Act. The priority date of such reserved water rights shall be October 31, 1994. **(b) Protection of rights reserved** The Secretary and all other officers of the United States shall take all steps necessary to protect the rights reserved by this section, including the filing by the Secretary of a claim for the quantification of such rights in any present or future appropriate stream adjudication in the courts of the State of California in which the United States is or may be joined in accordance with [section 666 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section666&num=0&edition=prelim). **(c) Relinquishment or reduction of rights** Nothing in this Act shall be construed as a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State of California on or before October 31, 1994. **(d) Specific reservation** The Federal water rights reserved by this Act are specific to the wilderness area located in the State of California designated under this Act. Nothing in this Act related to the reserved Federal water rights shall be construed as establishing a precedent with regard to any future designations, nor shall it constitute an interpretation of any other Act or any designation made thereto.

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Source location: Title 16, Chapter 1, § 410aaa–76; chapter-001-national-parks-military-parks-monuments-and-seashores.md

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 666 — Suits for adjudication of water rights

**(a) Joinder of United States as defendant; costs** Consent is given to join the United States as a defendant in any suit (1) for the adjudication of rights to the use of water of a river system or other source, or (2) for the administration of such rights, where it appears that the United States is the owner of or is in the process of acquiring water rights by appropriation under State law, by purchase, by exchange, or otherwise, and the United States is a necessary party to such suit. The United States, when a party to any such suit, shall (1) be deemed to have waived any right to plead that the State laws are inapplicable or that the United States is not amenable thereto by reason of its sovereignty, and (2) shall be subject to the judgments, orders, and decrees of the court having jurisdiction, and may obtain review thereof, in the same manner and to the same extent as a private individual under like circumstances: Provided, That no judgment for costs shall be entered against the United States in any such suit. **(b) Service of summons** Summons or other process in any such suit shall be served upon the Attorney General or his designated representative. **(c) Joinder in suits involving use of interstate streams by State** Nothing in this section shall be construed as authorizing the joinder of the United States in any suit or controversy in the Supreme Court of the United States involving the right of States to the use of the water of any interstate stream.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 410aaa — Findings

The Congress hereby finds that— (1) proclamations by Presidents Herbert Hoover in 1933 and Franklin Roosevelt in 1937 established and expanded the Death Valley National Monument for the preservation of the unusual features of scenic, scientific, and educational interest therein contained; (2) Death Valley National Monument is today recognized as a major unit of the National Park System, having extraordinary values enjoyed by millions of visitors; (3) the monument boundaries established in the 1930’s exclude and thereby expose to incompatible development and inconsistent management, contiguous Federal lands of essential and superlative natural, ecological, geological, archeological, paleontological, cultural, historical ad 11 So in original. Probably should be “and”. wilderness values; (4) Death Valley National Monument should be substantially enlarged by the addition of all contiguous Federal lands of national park caliber and afforded full recognition and statutory protection as a National Park; and (5) the wilderness within Death Valley should receive maximum statutory protection by designation pursuant to the Wilderness Act [[16 U.S.C. 1131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1131&num=0&edition=prelim) et seq.].

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