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<br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />0242 <br /> <br />The task force ,.;as convinced that it could not fully carry out its <br />responsibilities without addressing generally the rrechanisms by which <br />the federal governrrent secures water rights to carry out congressionally- <br />I1\3ndated l'T1alli\gEment prCXJrams on federal lands. Therefore, the Solicitor's <br />opinion not only identifies and describes reserved rights for the respec- <br />tive federal agencies, but also so-called non-reserved federal water <br />rights . These rights exist, according to the Solicitor's opinion, <br />because the federal goverrurent has never granted away its right to nake <br />use of unappropriated waters on federal lands, but retains its pa.ver to <br />vest in itself water rights in unappropriated waters. This pCMer I!\3.y be <br />exercised irdependent of substantive state law. 45/ <br /> <br />-7- <br /> <br />90. <br />