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<br />"~ .0053 <br /> <br />. <br /> <br />- 12 - <br /> <br />. <br /> <br />,. <br />'. <br /> <br />state, it has chosen not to do so. In construing land management statutes, <br />this deference to state law rises to a presumption that the United States and <br />its a~encies must acquire water rights in accordance with atate substantive and <br />procedural law unless necessary for the original purpose of a reservation.~ <br /> <br />V. CONCl.USION <br /> <br />" <br /> <br />A review of the applicable federal constitutional, legislative and judi- <br />cial authorities demonstrate the power of Congress to control the usage of <br />water appurtenant to the federal lands. The legislative and case law authori- <br />ties also demonstrate congressional intent to defer control of ..ater to the <br />states, in all but the most limited circumstances. Congress bas chosen to dis- <br />place state control of water appurtenant to federal lands only when neceasary <br />to accomplish the original purpose of formal reservations. When not necessary <br />to accomplish such original purpose, Congresa bas uniformly permitted and the <br />Supreme Court ha~ recognized state control. <br /> <br />Within this framework, there is an insufficient legal basis for the creation of <br />what has been called federal "non-reserved" water rights, especially in the <br />wake of the Supreme Court pronouncements in United States v. California and New <br />Mexico v. United States. I must conclude therefore that there is no feder;;r <br />-non-reserved" water right. Federal entities, including, ..ithout limitation, <br />the National Park Service, Fish and Wildlife Service, Bureau of Reclamation <br />and the Bureau of l.and Management, may not, ..ithout congressionally created <br />reserved right~, circumvent state substantive or procedural laws in appropriat- <br />ing water. Rather, consistent with the express language ,in the New Mexico <br />decision, federal entities must acquire water aa would any other private <br />claimant within the various states. <br /> <br />Nothing in this Opinion limits federal procurement of water by other legally <br />authorized means, if state water law proh.ibits tile appropriation of water for <br />the federally specified purpose. Specifically, condemnation, purcbase or <br />exchanlle may be used as a basis for acquiring water for use on federal lands. <br /> <br />67/ Little. Administration of Federal non-Indian Water Righte. 27th R. Ktn. <br />Min. Law Inst. 50. <br />