--- kind: "section" citation: "16 U.S.C. § 410hhh–7" title: "16" title_heading: "Conservation" number: "410hhh–7" heading: "Water rights" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/410hhh-7" units: - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores" - "Subchapter LIX–FF — Great Sand Dunes National Park and Preserve" --- # §410hhh–7. Water rights - (a) **Omitted—** - (b) **Effect on water rights—** - (1) **In general—** Subject to the amendment made by [subsection (a)](#a),[^1] nothing in this subchapter affects— - (A) the use, allocation, ownership, or control, in existence on November 22, 2000, of any water, water right, or any other valid existing right; - (B) any vested absolute or decreed conditional water right in existence on November 22, 2000, including any water right held by the United States; - (C) any interstate water compact in existence on November 22, 2000; or - (D) subject to the provisions of [paragraph (2)](#b-2), [State](/usc/16/590q.md?p=a) jurisdiction over any water law. - (2) **Water rights for national park and national preserve—** In carrying out this subchapter, the [Secretary](/usc/16/410hhh–1.md?p=9) shall obtain and exercise any water rights required to fulfill the purposes of the [national park](/usc/16/410hhh–1.md?p=5) and the national [preserve](/usc/16/410hhh–1.md?p=7) in accordance with the following provisions: - (A) Such water rights shall be appropriated, adjudicated, changed, and administered pursuant to the procedural requirements and priority system of the laws of the [State](/usc/16/590q.md?p=a) of Colorado. - (B) The purposes and other substantive characteristics of such water rights shall be established pursuant to [State](/usc/16/590q.md?p=a) law, except that the [Secretary](/usc/16/410hhh–1.md?p=9) is specifically authorized to appropriate water under this subchapter exclusively for the purpose of maintaining ground water levels, surface water levels, and stream flows on, across, and under the [national park](/usc/16/410hhh–1.md?p=5) and national [preserve](/usc/16/410hhh–1.md?p=7), in order to accomplish the purposes of the [national park](/usc/16/410hhh–1.md?p=5) and the national [preserve](/usc/16/410hhh–1.md?p=7) and to protect [park](/usc/16/410r–5.md?p=c-3) [resources](/usc/16/410hhh–1.md?p=8) and [park](/usc/16/410r–5.md?p=c-3) [uses](/usc/16/410hhh–1.md?p=10). - (C) Such water rights shall be established and used without interfering with— - (i) any exercise of a water right in existence on November 22, 2000, for a non-Federal purpose in the San Luis Valley, Colorado; and - (ii) the Closed Basin Division, San Luis Valley [Project](/usc/16/410r–5.md?p=c-4). - (D) Except as provided in subsections [(c)](#c) and [(d)](#d), no Federal reservation of water may be claimed or established for the [national park](/usc/16/410hhh–1.md?p=5) or the national [preserve](/usc/16/410hhh–1.md?p=7). - (c) **National Forest water rights—** To the extent that a water right is established or acquired by the United States for the Rio Grande National Forest, the water right shall— - (1) be considered to be of equal use and value for the national [preserve](/usc/16/410hhh–1.md?p=7); and - (2) retain its priority and purpose when included in the national [preserve](/usc/16/410hhh–1.md?p=7). - (d) **National Monument water rights—** To the extent that a water right has been established or acquired by the United States for the Great Sand Dunes [National Monument](/usc/16/410hhh–1.md?p=4), the water right shall— - (1) be considered to be of equal use and value for the [national park](/usc/16/410hhh–1.md?p=5); and - (2) retain its priority and purpose when included in the [national park](/usc/16/410hhh–1.md?p=5). - (e) **Acquired water rights and water resources—** - (1) **In general—** - (A) If, and to the extent that, the [Luis Maria Baca Grant No. 4](/usc/16/410hhh–1.md?p=2) is acquired, all water rights and water [resources](/usc/16/410hhh–1.md?p=8) associated with the [Luis Maria Baca Grant No. 4](/usc/16/410hhh–1.md?p=2) shall be restricted for use only within— - (i) the [national park](/usc/16/410hhh–1.md?p=5); - (ii) the [preserve](/usc/16/410hhh–1.md?p=7); - (iii) the national [wildlife refuge](/usc/16/410hhh–1.md?p=6); or - (iv) the immediately surrounding [areas](/usc/16/539m–1.md?p=1-A) of Alamosa or Saguache [Counties](/usc/16/544.md?p=d), Colorado. - (B) **Use.—** Except as provided in the memorandum of water service agreement and the water service agreement between the Cabeza de Vaca Land and Cattle Company, LLC, and Baca Grande Water and Sanitation District, dated August 28, 1997, water rights and water [resources](/usc/16/410hhh–1.md?p=8) described in [subparagraph (A)](#e-1-A) shall be restricted for use in— - (i) the protection of [resources](/usc/16/410hhh–1.md?p=8) and values for the [national monument](/usc/16/410hhh–1.md?p=4), the [national park](/usc/16/410hhh–1.md?p=5), the [preserve](/usc/16/410hhh–1.md?p=7), or the [wildlife refuge](/usc/16/410hhh–1.md?p=6); - (ii) [fish and wildlife](/usc/16/3102.md?p=17) management and protection; or - (iii) irrigation necessary to protect water [resources](/usc/16/410hhh–1.md?p=8). - (2) **State authority—** If, and to the extent that, water rights associated with the [Luis Maria Baca Grant No. 4](/usc/16/410hhh–1.md?p=2) are acquired, the use of those water rights shall be changed only in accordance with the laws of the [State](/usc/16/590q.md?p=a) of Colorado. - (f) **Disposal—** The [Secretary](/usc/16/410hhh–1.md?p=9) is authorized to sell the water [resources](/usc/16/410hhh–1.md?p=8) and related appurtenances and fixtures as the [Secretary](/usc/16/410hhh–1.md?p=9) deems necessary to obtain the termination of obligations specified in the memorandum of water service agreement and the water service agreement between the Cabeza de Vaca Land and Cattle Company, LLC and the Baca Grande Water and Sanitation District, dated August 28, 1997. Prior to the sale, the [Secretary](/usc/16/410hhh–1.md?p=9) shall determine that the sale is not detrimental to the protection of the [resources](/usc/16/410hhh–1.md?p=8) of Great Sand Dunes [National Monument](/usc/16/410hhh–1.md?p=4), Great Sand Dunes [National Park](/usc/16/410hhh–1.md?p=5), and Great Sand Dunes National [Preserve](/usc/16/410hhh–1.md?p=7), and the Baca National [Wildlife Refuge](/usc/16/410hhh–1.md?p=6), and that appropriate measures to provide for such protection are included in the sale. ## Footnotes [^1]: See Codification note below. ## Source credit (Pub. L. 106–530, § 9, Nov. 22, 2000, 114 Stat. 2533.) ## Notes ### Editorial Notes ### Codification Section is comprised of section 9 of Pub. L. 106–530. Subsec. (a) of section 9 of Pub. L. 106–530 amended section 1501(a) of Pub. L. 102–575, 106 Stat. 4663, which is not classified to the Code.