[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR9.8]

[Page 149-150]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 9--MINERALS MANAGEMENT--Table of Contents
 
                   Subpart A--Mining and Mining Claims
 
Sec. 9.8  Use of water.

    (a) No operator may use for operations any water from a point of 
diversion which is within the boundaries of

[[Page 150]]

any unit unless authorized in writing by the Regional Director. The 
Regional Director shall not approve a plan of operations requiring the 
use of water from such source unless the right to the water has been 
perfected under applicable State law, has a priority date prior to the 
establishment of the unit and there has been a continued beneficial use 
of that water right.
    (b) If an operator whose operations will require the use of water 
from a point of diversion within the boundaries of the unit can show 
that he has a perfected State water right junior to the reserved water 
right of the United States and can demonstrate that the exercise of that 
State water right will not diminish the Federal right, which is that 
amount of water necessary for the purposes for which the unit was 
established, he will be authorized to use water from that source for 
operations, if he has complied with all other provisions of these 
regulations.