How does Wild and Scenic designation affect existing or future water rights?
Section 3(b) of the Act states that jurisdiction over waters is determined by established principles of law. Existing, valid water rights are not affected by designation. Also, interstate compacts (Section 13(e)) are protected and not affected by designation. In prior appropriation states such as Wyoming, any water rights claimed under state law would have a priority date as of the river’s date of designation by Congress and would be considered junior to existing water rights. The WSRA does provide the authority for a federal reserved water right on designated rivers under Section 13. The Act states that any reservation or instream flow water right shall only be for the minimum amount necessary to preserve the free-flowing condition of the river and to preserve the values for which the river was designated.
