C. Land Acquisitions
The NPS claims “1940” as one priority date pertinent to the mainstem of Sun Creek, reflecting the date of acquisition from private ownership. We believe a 1940 priority date for Park purposes is appropriate.10
IV. Primary Purposes
The NPS has made eleven instream reserved rights claims, ten of which are for preservation and protection of all natural and historic objects, timber and wildlife, and conservation of scenery, and one of which is for preservation and protection of Crater Lake, including all of its natural and historic objects, wildlife, and conservation of scenery. The NPS has also made ten consumptive use claims, all of which encompass two stated purposes: “Domestic, Administrative, Wildlife,” and “Fire Protection.” Generally, the NPS claims all of the unappropriated water in the Park, in that the in-stream claims are to “all natural flows less those amounts needed for * * * out-of-stream uses.”
In 1902, Congress established the Crater Lake National Park “as a public park or pleasure ground for the benefit of the people of the United States [and] for the preservation of the natural objects within said park, and also for the protection of the timber from wanton depredation, the preservation of all kinds of game and fish, * * * and the prevention and extinguishment of forest fires.”11 Congress clarified and confirmed its intent in the act creating the National Park Service in 1916. In that act Congress stated that the purposes of national parks were “to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such means as will leave then unimpaired for the enjoyment of future generations.”12 Those acts establish Congress’s intent to set aside land for park purposes.
These purposes include preservation of scenic, natural and historic conservation uses and preservation of wildlife. Preservation of scenic, natural and historic conservation uses includes ecosystem maintenance protecting forest growth, vegetative cover, watershed protection, soil and erosion control, lawn watering and fire protection. Also included would be maintenance of water related aesthetic conditions as well as maintenance of natural features. Preservation and conservation of wildlife would include bird watering, wildlife habitat maintenance, and preservation of habitat for fish and other aquatic life. The Water Resources Department (WRD) should recognize the minimum amount necessary to fulfill these park purposes. WRD could conclude that an award of the entire natural flow would be necessary to achieve this purpose.13
In addition, the park also has public enjoyment purposes including a) visitor accommodations (campgrounds, hotels, water and sewer); b) visitor centers (water fountains and sewer); c) facilities for visitor enjoyment (trail maintenance, lake levels for water borne enjoyment); and d) ranger stations and housing for park personnel.
The Act of May 14, 1932, ch. 184, 47 Stat. 155 (1932), transfers certain land from the Crater Lake National Forest to the Crater Lake National Park. This Act does not articulate any new purposes of the Park.14 The lands affected would have the same primary purposes as under the 1902 act, but with 1932 priority. Similarly, lands covered by the 1940 acquisition and the Act of 1980 would have priority as of those dates.
