OCR Text |
Show Alternative B: Respond to actions of the States of Arizona and Utah for the adjudication of water rights, and of water rights holders or potential holders who propose or take actions potentially damaging to the purposes underlying the creation of Glen Canyon National Recreation Area ( preferred alternative) ( Note: The United States is bound by the McCarran Amendment, cited previously, to participate in certain water- rights- related state proceedings.) Under this alternative, when joined in a general adjudication of water rights, the United States will assert its claim to water rights under the Federal Reserved Water Rights Doctrine and state appropriation procedures to the extent of its need in support of the purposes of the unit. Claims to water rights by the United States ( Glen Canyon National Recreation Area) shall be prepared with full consideration being given to Congressional intent in the establishment of the NRA and construction of the Glen Canyon Dam and reservoir. In those areas of no conflict or mutual advantage, the National Park Service shall move forward in asserting its claim to all applicable water rights. No other alternative is offered for analysis. The nature of this problem devolves to a straightforward commitment to participation or non- participation in the states' determination and administration of water rights. II. B. 3. Recommended course of action. In accomplishing the recommended alternative the necessary course of management action will be the preparation of materials for presentation to the State which will assert and support the claims of the United States. These materials may include existing water rights decrees, statements of claims, copies of supporting legislation, maps and drawings, photographs, listings of claimed quantities and schedules of flow, supporting research findings, and other ancillary material. While it is not yet known if additional water rights information will be necessary in Glen Canyon NRA, some data collection might be required to support the claim of the United States for reserved water rights. This would be necessary if either of the following questions should arise as legal issues: ( 1) a conflict is alleged to exist between claimed water uses in support of recreation area purposes and state- recognized beneficial uses, or ( 2) the role of water in the accomplishment of primary recreation area purposes is alleged by the State or other parties to be different in nature or quantity from that claimed by the United States. 26 |