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t {)044 . - 3 - . the federal al!.encies. In particular, the asserted existence of this right has hampered the ability of th~, State and Federal governments to quantify federal water rights and to negotiate agreements tn determine the procedures and methods to' be used in quantifying ar.d adjudicating water r1ghts. The aSser- tion of non-reserved right s has also created a new and unnecessary cloud of ambiguity over private watet rights dependent on water sourc~s thllt are on, under, over or appurtenant to federal lands. For these reasons, the comprehen- sive review of "non-reserved" water rights was undertaken. Ill. GENERAL AUTHORITY OF THE UNITED STATES TO APPROPRIAT~ WATER APPURTENANT TO FJ:;iJJ:;KAL LANiJ As a starting point for reviewing the legal basis for the existence of "non-reserved" water rights, there are certain premises and conclusio,ns in the Prior Opinion and Supplemental Opinion which are well settled. Specifi- cally, the Prior Opinion reached the following conclusions regarding the United States right to sppropriate unsppropriated water with which 1 fully agree and therefore reaffirm: 1. The United States has the power to appropriate water pursuant to sta te lalol on federally-owned land, regardless of whether such land ib classified as a reservation, acquired land or public domain. Congress also has retained the pnwer to implement the original objec- tive of congressional acts.13/ 2. The priority of an appropriative water right obtained by the United States, whether consumptive or non-conaumptive, IIl8Y not pre- date actual use, and it may not adversely affect prior rights established pursuant to state substantive and procedural law.~/ 3. Congress generally did not intend that the United Statea would acquire water rights for the ultimate beneficiaries of the disposed public lands or users of the non-renewable resources thereon (such aa miners, homesteaders, or railroads) unless Congress specifically directed the United States to reserve or otherWise acquire water for such specific public use.15/ 4. The United States may apply to tbe states to secure appropriative wster rights needed to meet the multiple-use management objectives set forth by Congress in land management ,tstutes, .!.:J.., FJ.PHA, supra, and tbe Taylor Grazing Act, supra. Ib 'In so doing, the United States must comply with state substantive and procedural lavs.Q/ 11/ 811 1.1). at 57!,. 613. 14/ 86 1.0. at 574. 15/ 811 I.D. at b12. Ib/ lib 1.0. at 615. Q/ Supplemental Opinion.