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<br />of the Departnent of Justice requested, in August 1979, the advice of the <br /> <br />Department of Justice's Office of Legal Counsel as to the leyality of the <br />maJority recamendations contained in the draft Task Force l<eport. Assistant <br />Attorney General fob:>rman advised the Task Force by letter dated February <br /> <br />19, 19BO (attached as Appendix A) that the Office of Legal Counsel had informed <br /> <br />him that draft Recamendations 7, B, 12 and 16 were leyally authorized and <br /> <br />drait Recaimendations 9 and 10 regardin'J procedures for adJudicatiny federal <br /> <br />reserved water riyhts were not leyal1y authorized as drafted. l'ieCOllllendations <br /> <br />9 and 10 have been revised to reflect the Department of Justice conclusions. <br /> <br />Apart fran the deliberations of this Task Force, but at approximately <br /> <br />the same tine the draft 'l'ask Force Report was issued, the Solicitor of the <br /> <br />Department of the Interior issued a leyal opinion (1)1-36914, B6 1.0. 553 <br /> <br />(1979)) reyarding the federal water riyhts of the principal ayencies of the <br /> <br />!Jeparonent of the Interior; viz., the Bureau of Land ManaYE!llent, National <br /> <br />Park Service, Fish and Wildlife Service, and the Water and POWer Resources <br /> <br />Service (formerly liureau of Reclamation). See B6 Interior Decisions 553 (1':09). <br /> <br />A portion of this Opinion which dealt with the federal "non-reserved" or <br /> <br />appropnative water ri'Jht, discussed below at payes 59-63, proved contra- <br /> <br />versial, and has been the subJect of further discussions between the <br /> <br />Western Governors and the Secretary of the Interior.y <br /> <br />2/ The Secretary's letter to the Governors dated February 4, 1980 is attached <br />as Appendix B. <br /> <br />-10- <br />