Water Rights for New Federal Land Conservation Programs: A Turn-of-The-Century Evaluation

Abstract

This article addresses how to integrate the water requirements associated with new federal land conservation initiatives – such as new national parks, wildlife refuges, conservation areas, recreation areas, and wilderness any policy areas – with state water law systems. It looks at past controversies over federal reserved rights, and suggests a kind of third way – rights substantively defined by federal law and procedural perfected through state water rights systems, as a reasonable compromise between state and national interests. It touts the approach Congress used in designating the Great Sand Dunes National Park as a model.