Freshwater Resources Management

Authorities

In addition to the authorities discussed in the Introduction to this Reference Manual, the primary federal laws governing aquatic resources management include the Clean Water Act, the National Environmental Policy Act, the Rivers and Harbors Act, the Endangered Species Act, the Wilderness Act, the Wild and Scenic Rivers Act, the Coastal Zone Management Act, and the Fish and Wildlife Coordination Act. Management of aquatic resources is further addressed in various provisions of the Estuary Protection Act, the Federal Power Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation, and Liability Act, the Safe Drinking Water Act, the Food Security Act of 1985, and the Coastal Barrier Resources Act.

Executive orders pertaining to the management of aquatic resources on federal lands include Executive Order 11988 (Floodplain Manage-ment), Executive Order 11990 (Protection of Wetlands), and Execu-tive Order 12088 (Pollution Control Standards). A summary of the pertinent provisions of the major federal legislative and regulato-ry authorities governing the management of aquatic and other natural resources in NPS units is found in Appendix A of this Reference Manual.

The NPS obtains and uses water for park purposes under the federal reserved, prior appropriation, and riparian water rights doctrines. Guidance for applying these doctrines includes the above laws and the applicable state and federal court decisions, state law, and state statutes.

States, counties, and local water management districts may have laws and regulations pertaining to aquatic resource management in NPS units. For example, most states have established criteria, standards, and guidelines for erosion and sediment control, and a few states have recently enacted groundwater management laws. In general, it is NPS policy to comply with these laws and regulations.