§ 410hhh–7 — Water Rights

(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), State jurisdiction over any water law. (2) In carrying out this subchapter, the Secretary shall obtain and exercise any water rights required to fulfill the purposes of the national park and the national preserve 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 of Colorado. (B) The purposes and other substantive characteristics of such water rights shall be established pursuant to State law, except that the Secretary 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 and national preserve, in order to accomplish the purposes of the national park and the national preserve and to protect park resources and park uses. (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. (D) Except as provided in subsections (c) and (d), no Federal reservation of water may be claimed or established for the national park or the national preserve. (c) 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; and (2) retain its priority and purpose when included in the national preserve. (d) To the extent that a water right has been established or acquired by the United States for the Great Sand Dunes National Monument, the water right shall— (1) be considered to be of equal use and value for the national park; and (2) retain its priority and purpose when included in the national park. (A) If, and to the extent that, the Luis Maria Baca Grant No. 4 is acquired, all water rights and water resources associated with the Luis Maria Baca Grant No. 4 shall be restricted for use only within— (i) the national park; (ii) the preserve; (iii) the national wildlife refuge; or (iv) the immediately surrounding areas of Alamosa or Saguache Counties, Colorado. (B) 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 described in subparagraph (A) shall be restricted for use in— (i) the protection of resources and values for the national monument, the national park, the preserve, or the wildlife refuge; (ii) fish and wildlife management and protection; or (iii) irrigation necessary to protect water resources. (2) If, and to the extent that, water rights associated with the Luis Maria Baca Grant No. 4 are acquired, the use of those water rights shall be changed only in accordance with the laws of the State of Colorado. (f) The Secretary is authorized to sell the water resources and related appurtenances and fixtures as the Secretary 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 shall determine that the sale is not detrimental to the protection of the resources of Great Sand Dunes National Monument, Great Sand Dunes National Park, and Great Sand Dunes National Preserve, and the Baca National Wildlife Refuge, and that appropriate measures to provide for such protection are included in the sale.