General Stream Adjudications

Many western states are conducting general stream adjudications to inventory and affirm water rights. General stream adjudications are lengthy court proceedings in which all water users, including the NPS, must submit their claims for water rights. These claims are then examined by the court and other claimants for legal and scientific sufficiency, and, if found to be valid, are affirmed by the court in a decree. If the NPS does not file and support claims, parks may face shortages of water for visitor and administrative use and may fail to secure adequate quantities of water to protect natural and cultural resources. The NPS is currently participating in 45 general stream adjudications involving 54 park units in 9 western states.

The NPS must develop and present legal and technical evidence to successfully support its claims. The Water Rights Branch (WRB) assists parks in this effort. Evidence is developed by examining the Congressional and administrative records to identify park purposes, conducting scientific studies to determine the dependence of water-related resources, such as fisheries, riparian vegetation, aquatic organisms, recreation, etc., on surface or ground water and, computing the consumptive water use requirements for administrative purposes such as visitor and staff use, residential use, construction, fire protection, and resource restoration.

As are all United States bureaus, the NPS is represented in court by the U.S. Department of Justice. The WRB provides policy and scientific expertise to the Department of Justice during court proceedings with legal support from the Department of the Interior Office of the Solicitor. During adjudications, this team seeks opportunities to resolve NPS water rights issues through negotiation. Settlement agreements that gain approval by all claimants reduce the cost and time required for adjudications. To date, 26 settlement agreements and decrees have been completed for adjudications in Arizona, Colorado, Idaho, Montana, and Utah affirming NPS water rights.