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Outline

Protection of Death Valley National Park Water Rights DOI Amargosa River Water Resources Summit October 9-10, 2003 Dan McGlothlin NPS Water Resources Division.

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  1. Protection of Death Valley National Park Water RightsDOI Amargosa River Water Resources SummitOctober 9-10, 2003Dan McGlothlinNPS Water Resources Division

  2. Impending Groundwater Use for Municipal, Other Purposes  Summary of Death Valley NP Water Rights  NPS Water Rights Approach in the Amargosa Basin Outline

  3. Impending Groundwater Use for Municipal, Other Purposes  Area of Concern – Death Valley Regional Flow System (as described in Harrill and others, 1988)

  4. Major Areas of Federally Administered Land in Death Valley Regional Flow System Ash Meadows National Wildlife Refuge Death Valley National Park Nellis Air Force Range Toiyabe National Forest Desert National Wildlife Range Nevada Test Site Yucca Mountain Control Area Death Valley Regional Flow System Boundary From Harrill and others (1988) Modified from: USGS WRI 01-4195

  5. Existing Water Rights in NV Portion of DVRFS ~98,000 afy  25% (approx. 24,000 (afy) are in Amargosa Desert  68% (approx. 67,000 afy) are in Pahrump Valley  Amargosa Desert and Pahrump V. pumping increased 400% and 50%, respectively, from 1988-1998  Locations for existing Amargosa Desert pumping have moved toward Devils Hole Source: Nevada Division of Water Resources, water rights abstracts, 2000-2003, USGS 02-4178

  6. Pending Water Rights in NV Portion of DVRFS ~166,424 afy Nye County: 34,250 afy, (Feb. 2000) LVVWD: 98,400 afy (Oct. 1989)  NPS concern: Existing rights + pending applications in DVRFS may exceed yield of DVRFS Source: Nevada Division of Water Resources, water rights abstracts, 2000-2003

  7. Hydrographic Areas of Death Valley Regional Flow System Ground-water discharge area Death Valley Regional Flow System Boundary From Harrill and others (1988) Hydrographic area boundary Modified from Cardinalli and others (1968), Rush (1968) and Harrill and others (1988) Nevada Test Site boundary Modified from: USGS WRI 01-4195

  8. Summary of Park Water Rights • Federal reserved rights for Death Valley National Monument purposes applies to Devil’s Hole, and to some regional discharge springs within park • State appropriative rights: CA licensed rights for park uses • Riparian rights

  9. Devil’s Hole Decision: U.S. Supreme Court (Cappaert et al. v. United States et al., Civil No. 74-1107, June 7, 1976; 426 U.S. 128; 48 L.Ed.2d 523; 96 S.Ct.2062) • Implied FRWR for park purposes affirmed • Pumping restricted to allow minimum water level necessary, protect pupfish. Water level set at 2.7 Feet below copper washer (currently at about 2.1 ft.)  Subsequent ground water withdrawals are enjoined when they affect the water level of the surface pool

  10. NPS Water Rights Approach in the Amargosa Basin  Evaluate all Nevada water rights applications in DVRFS, 351 applications since 1988, protested 145, 3 hearings  Attempt to resolve protests via negotiation, seek permit requirements to monitor and mitigate (1 plan active)  Structure plans to detect and arrest impacts of pumping long before impact occurs to the resource Implement studies to improve ability to predict system response

  11. Summary – Rights and resources are more likely to be protected when:  the science is persuasive  there is water user commitment (buy-in) to protect the resource  cooperative strategies are applied

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