PROTECTING OLD FAITHFUL: TRANS-BOUNDARY WATER RIGHTS, PUBLIC PASSIONS, AND SCIENTIFIC UNCERTAINTY

A priority resource-management issue for Yellowstone National Park (YNP) is the administration of a Water-Rights Compact with the state of Montana. The compact is designed to preserve hydrothermal features (i.e. Old Faithful) in the park, by regulating adjacent water use. The park must monitor water-resources development in a "Controlled Ground-Water Area" (CGA) outside of the park boundary. The CGA places restrictions on the development of ground water to prevent adverse impacts to NPS water-rights, streamflow, and hydrothermal systems within the park.

Stemming from geothermal development plans by the Church Universal and Triumphant, a religious enclave located near the park's boundary, national public sentiment ran high with fear of damage to the hydrothermal resources (i.e. Old Faithful) of YNP. Millions of people come to see Yellowstone's magnificent geysers and hot-springs each year. A high-profile scientific debate also questioned the true threat to the park resource.

A legislative effort in the late 1980's (the failed Old Faithful Protection Act), ultimately led to the 1988 Amendments of The Geothermal Steam Act of 1970. The amendments dictate that the “Secretary shall maintain a list of significant thermal features” including those in YNP. Further, they provide protection for parks by requiring NPS consent before geothermal leases are issued on lands adjacent to listed parks.

Water rights in the western US are a "unique beast." Throw a Federal Land Management Agency (NPS-Yellowstone) and an international natural-resource icon (Old Faithful) into the mix, and the stage is set for passionate interactions among scientific and social attitudes.