Water Rights Program

The National Park Service (NPS) participates in court and administrative processes to establish and protect Federal water rights in order to preserve parks' water-dependent natural and cultural resources. Through consent in the McCarran Amendment (43 U.S.C. Sec. 666.),western states have joined the United States in lawsuits for the adjudication of water rights where courts .establish the amount of water necessary to protect park purposes. The NPS must participate in adjudications or risk losing water rights. Reasonable claims on water sources such as streams, springs, and wells have been filed based on state or federal law to protect NPS resources. To avoid litigation, NPS seeks to negotiate with the States and other parties to settle these claims; this has been accomplished in Arizona, Colorado, Idaho, Montana, and Utah. Scientific studies and analytical techniques are used to support claims and negotiations.

In the west, NPS is seeking protection of its water rights and water-related resources through State administrative proceedings. After first protesting applications to enter a State's administrative decision-making process, NPS seeks to negotiate agreements that protect NPS water rights and water-related resources. If negotiations are unsuccessful, NPS then participates in State administrative hearings so that decision-makers have the full benefit of available science.

Eastern water law, being based on common law, usually is addressed in tort actions or similar proceedings where a claim of injury is advanced. Eastern states generally do not have administrative processes to resolve water quantity issues. However, the NPS is participating in Federal administrative processes (e.g., Corps of Engineers 404 permit approval or Rural Utility Service loan approval) to protect NPS water-related resources.

The NPS is faced with increasing numbers of requests to provide water for use by entities outside park boundaries. The sale or lease of water is guided by the NPS policy (Director's Order #35A).The NPS is barred from providing water to an outside entity unless that entity provides essential visitor services, there is no reason able alternative water supply, and providing water has no adverse environmental consequence to park resources.