Water Rights Protection

The NPS conducts scientific investigations including water resource monitoring and scientific studies that describe hydrologic regimes, water-dependent terrestrial and aquatic systems, and water use. The Water Rights Branch (WRB) also evaluates the risk to NPS water rights by using information obtained from agencies that administer state water laws. NPS uses these data, studies, and water rights information in administrative, judicial, or regulatory processes available under state and federal laws.

WRB monitors flow and water levels to determine if quantities of water are sufficient to satisfy park rights and purposes, in accordance with established rights and/or agreements. For example, WRB is currently monitoring flow and groundwater levels at Chickasaw National Recreation Area, Mesa Verde National Park and Little Bighorn Battlefield National Monument. WRB has historically monitored flow at LaVerkin Creek in Zion National Park and at Waikolu Stream in Kalaupapa National Historical Park.

NPS also relies on the United States Geological Survey (USGS) for monitoring flow and water levels. For example, the USGS provides flows and water level data to support water right protection efforts at Lake Mead NRA (Rogers Spring near Overton Beach, NV and Blue Point Spring near Valley of Fire State Park, NV), Zion NP (East Fork Virgin River near Springdale, UT and North Fork Virgin River near Springdale, UT), Yellowstone NP (Soda Butte Creek at Park Boundary at Silver Gate, MT), Montezuma Castle NM (Beaver Creek nr Lake Montezuma, AZ), and Obed Wild & Scenic River (Clear Creek at Lilly Bridge nr Lancing, TN, Daddys Creek nr Hebbertsburg, TN, and Obed River nr Lancing, TN).

The WRB works cooperatively with agencies that administer state water laws and other water users to resolve water rights conflicts. Often, the result is a monitoring, management, and mitigation plan which establishes a protocol designed to allow water development while providing for early impact detection and, if necessary, corrective action to avoid impacts. In other instances, settlement agreements may take the form of letter agreements or formal stipulated agreements.

WRB is implementing settlement agreements with water developers in southern Nevada to resolve concerns about spring flows that protect fragile desert ecosystems at Lake Mead National Recreation Area. The Nevada State Engineer has recognized these settlement agreements in his decisions. Examples include stipulations to withdraw NPS protests of applications by Lincoln County & Vidler Water Company (Vidler), Moapa Valley Water District (MVWD), and Southern Nevada Water Authority (SNWA-Coyote Spring Valley). In California, NPS worked with the State Water Resources Control Board and Muir Beach Community Services District to resolve concerns about pumping effects on endangered fish habitat in Redwood Creek.