Number: RL30809
Title: The Wild and Scenic Rivers Act and Federal Water Rights
Authors: Cynthia Brougher, Legislative Attorney 
Abstract: This report discusses federal authority over water, and federal "reserved" and non-reserved water rights. Based on the language of the act and its legislative history, it appears that the act creates federal water rights. The act does not specify the quantity of the right. The amount of the federal right is likely to vary from river to river depending on the river's flows, the unappropriated flows in the river at the time of designation, and the values for which the river is being protected. In practice, federal reserved water rights have not always been claimed if alternative means (e.g., water rights acquired under state law) are adequate. Necessary water flows sometimes have been secured under state law, through cooperative agreements, and by purchases from willing sellers.
Pages: 9
Date: January 9, 2009