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, <""004~_ . ". . - .~ " \, ~~. _..-- . \JNITt:D STATES OEPR-.,\E" OF THE '''TERIOR ~ Ul UU,i-t:J'-'L 804f?D . ~., ..,. i-1e:JorC:l.nduUJ, To: Secretary From: Solicitor Subject: ~on-Reserved Water Rights - United States Compliance ~ith State Law 1. lNTiWDuCTllm Solicitor's Upinion No. ~1-:;b~14 of June 25, 197~.!/ (hereinafter "Prior Opinion") sets forth a partial analysis of the nature and extent of non-Indian federal water rights for the !iational Park. Service, Fish and Wildlife Service, Bureau of keclaClation and the Bureau of Land Managemenr. In addition to its major conclusions concerning reserved ~ater rights,~/ the Prior Opinion announced rhe existence of ~hat has Come to be referred to as "non-reserved federal ~ater rights." As defined by the Prior Opinion, "non.-reserved" ~ater rights represented a class of federal appropriative ~ater rights that may possibly be claimed by t he United Sta tes for congressionally authorized pro- grams.1.1 The Prior Ujlinion asserted that these non-reserved federal water rights are automatically appropriated by the mere application of water to a beneficial use and are acquired by the United States without regard for or compliance with srate substantive law.~/ On January Ib, 19~1, a Supplemental Solicitor's Upinion (hereinafter "Supplemental Opinion") was issued which addressed the inapplicabil1ty of the "non-reserved" rights concept under cer- tain federal starutes. This Opinion further analyzes the constitutional and statutory bases for the "non-reserved" ~ater rights doctrine based upon an exhaustive review of the issues related to the so-called "non-reserved" rights theory. To the extent the Prior Opinion and the Supplemental Opinion are inconsistent with the conclusions reached herein, they are rescinded. 1/ 86 1.0. 553 (1979). 2/ Ttlis Opinion is not intended to modify or 6upersede any portion of the Prior Opinion dealing with the reserved water rights of the non-Indian land manage- ment a~encie6 in the Department. 1 may further revie~ tl,ose portions of the Prior Opinion at a"future date as specific circumstances warrant. 1./ 80 I.u. at 574-570. 4/ 86 l.u. at 574-578. 612-616.