How does wilderness designation affect water rights?
Wilderness designation does not affect existing water rights. Wilderness and all other reserved water rights date from the actual reservation. Thus, a wilderness bill signed into law in year 2000 bears a 2000 priority date, junior to all existing water rights. Thus, wilderness water rights would not supplant other, more senior rights. In addition, wilderness water rights apply only to unappropriated water. Because they are junior rights and not “super” rights, wilderness water rights are subject to availability of unappropriated water. A wilderness water right only ensures that when water is available, wilderness gets its fair share. Wilderness water rights are in-stream flow rights. They are not consumptive water rights. The water flows through and nourishes wilderness and the wildlife and habitat associated with it, then flows out, unpolluted and available for other uses. In sum, wilderness water rights fully respect other water rights on the stream. They cannot disrupt existing righ
