POSSIBLE TRANSBOUNDARY CONFLICTS IN THE DEATH VALLEY REGIONAL GROUND-WATER FLOW SYSTEM, CALIFORNIA AND NEVADA

Death Valley National Park straddles the boundary between California and Nevada in the southern Great Basin. Ground-water flow in the southern Great Basin is dominated by shallow local flow paths, and deeper regional flow paths. Much regional flow is from northeast (Nevada) to southwest (California) through a thick Paleozoic sequence known as the carbonate-rock aquifer province. Within this province, Death Valley is an ultimate discharge area for the carbonate-rock aquifer. The highest producing springs in the park discharge from the aquifer along the eastern margin of Death Valley. Many of the fauna and flora in the park depend entirely on flow from these springs, including species endemic to Death Valley. The mechanism for flow in the carbonate aquifer through the Amargosa Range to these major regional springs is uncertain. Recent interpretation indicates that, in the Furnace Creek area, ground water may transit the Amargosa Range through only two channels, or spillways, where the carbonate aquifer pours over the lip of underlying low permeability rock.

Transboundary conflicts in the Death Valley flow system may arise because of (1) ultimate aquifer discharge in a different state than recharge areas, (2) increased demand for upgradient ground-water withdrawal in Nevada, (3) the National Park Service mission to preserve park resources unimpaired, (4) federal reserved water rights versus Nevada state water law, (5) California water law versus Nevada water law, and (6) federal laws such as the Endangered Species Act and the Wild and Scenic Rivers Act. Federal law requires the NPS to prevent ground water diversions from adversely affecting federally reserved waters within the park. Other agencies and organizations desire to protect the perennial spring-fed California reach of the Amargosa River under the Wild and Scenic Rivers Act.

At this time, adequate legal mechanisms hardly exist for federal and state agencies to negotiate management of water resources, much less allocate water across political and jurisdictional boundaries. However, understanding of the flow system is rapidly increasing and sophisticated flow models are being developed. As the flow system is better understood, transboundary legal issues should be more amenable to discussion and resolution.