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<br />2155 <br /> <br />and federal goverrment should be acknowledged. Fbr exanple, both the federal <br /> <br />ao::l state governments (as well as state water rights holders) benefit fmn <br /> <br />effidency ana certainty in the establisnment and administration of water <br /> <br />rights; (.'Onversely, all suffer fmn continuing uncertainty arx:! inefficiency <br /> <br />in resolving canpeting claims. Second, by no means is every assertion of <br /> <br />a federal water right inimical to the states I interests. Much of the water <br />secured ~ such riyhts is, directly or indirectly, availai>le to all citizens <br />(arx:! especially nearby ones) for uses benefiting lcx:al econct:lies; ~, grazing, <br /> <br />mineral develOfll\ent, fish and wildlife protection, recreation and toUriS,l. <br /> <br />'lbe rrere exercise of sane federal rights, such as for oonsunptive uses, gives <br /> <br />states and do.mstream users notice of their existence, and they have helped <br /> <br />determine the fleM reg imen up:>n wnich downstream users have care to rely. <br /> <br />Other rights, such as for instream fleMs, oy definition involve no consunptive <br /> <br />use and there tore .,reserve the water for appropriation under state systems <br /> <br />at points outside the federal reservation, leMer in the watershed.:!J!/ In- <br /> <br />stream fleM protection also relates to water quality arx:! riparian habitat, <br />both of which are of concern to states as well as the federal yoverlUl'ent. <br /> <br />It is therefore often a mistake to characterize assertion of federal water <br /> <br />rights as a federal taking of water that could othel:Wise be used to benefit <br /> <br />18/ See United States v. New Mexico, 43b U.S. 696, 724 (1977) (EQrell, <br />J. dissenting). U1 the other nand, the possibility should be noted that <br />federal reserved water rights for consumptive uses could interfere with <br />state atter.lpts to reserve water for instream fleMs. See Tarlock, "Recent <br />Develcpnents in The ~CO<Jnition of Instream Uses in ~lestem ~later Law," 1975 <br />Utah L. Rev. 871, 897; ~ yenerally!'W: Report, supra note 7, at 271-74; <br />278-79. <br /> <br />-23- <br />