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. 0025n . to bend its knee to this type of statelaY68nd regula- tion, Nhether it be arbitrary or benign." The problem is recognized by rr;r. r';orton when he says in speaking of the Pelton Dam case:i? "The decision stands as a fact of life. We don't solve anything by jusft wlsh!rlg _hat the ppoblem weuld go away. Nor do I understand those who seem to think that the Dep2rtment of Justice can do other than follow and support what it believes to be the law. The only real questions are what should be and then can be done about it, if anything. "So, \'l'ithout the deoision itself being at any fault in legal principle, in my opinion, I think it may fairly be said that some of the inferences which may be drawn out of the case have given rise to substantial anxieties about the security of Western water rights where so much of the available water arises on or flows across the reserved lands of the United States. Note this: In the case of a licensee, the Power Aot requires the protection of vested rights. But what if the Government itself in the near or distant future decides to develop and use these waterresouroes on its own reserved lands? That is the haunting question. This is a Sword of Damooles which some have considered to be hanging over their heads." This problem can again be sub-divided into two parts-- the first having to do with reserved lands, 2nd the second with unappropriated water claimed by the federal government. As to the first part of the prOblem, that of reserved lands, the federal government--or at lea6t some of the federal departments and agencies, including the Justice Department-- have approved a proposal which, in effect would provide that the withdrawal or reservation of public lands heretofore or hereafter established shall not effeot any right to the use of water acquired pursuant to state law either before or after the establishment of such withdrawal or reservation.18 -8-