Laserfiche WebLink
<br />001 !LH <br /> <br />management purposes; and some states do not regulate groundwater pumpIng, <br /> <br />,- which can threaten federal lands and resources. Finally, assertion of <br /> <br />.. <br /> <br />a federal rIght In federal court Is seen as potentially more faIr to <br /> <br />~: - <br /> <br />, <br /> <br />federal Interests because some state water systems are perceived as <br /> <br />dominated by local' Interests hostile to federal claims. <br /> <br />F. Mutual State and Federal Interests <br /> <br />Lest thIs simplistic overview of the diverging perspectIves on <br /> <br />this Issue lead to the conclusion that the Interests of the states <br /> <br />and the federal agencies are hopelessly antagonistic, some common <br />Interests of the states and Federal Government should be acknowledged. <br /> <br />For example, both the federal and state governments benefIt from certainty <br /> <br />In the establIshment and administration of water rights. Second, by <br /> <br />no means Is every assertion of a federal water rIght Inimical to the <br /> <br />states' Interests, Much of the water secured by such rIghts may be, <br /> <br />directly or Indirectly, avaIlable to local citizens for uses benefitIng <br /> <br />local economies; e.g., grazing, mInerai development, fish and wIldlife <br /> <br />protection, recreation and tourism. Some rights, such as for lnstream <br /> <br />flows, by definItIon Involve no consumptIve use and therefore preserve <br /> <br />the water for approprIation under state systems at points outside the <br /> <br />federal reservation, lower In the watershed.~/ It Is therefore often <br /> <br />13/ See United States v. New MexIco, 438 U.S. 696, 724 (1977) <br />(1l"oweTT:" J. dissenting). On the other hand, It shou ld be noted that <br />It Is possible that federal reserved water rights for consumptive uses <br />could Interfere with state attempts to reserve water tor Instream flows. <br />See Tarlock, "Recent Developments In The RecognitIon of Instream Uses <br />Tr1Western Water Law," 1975 Utah L. Rev. 871, 897; see Qenerally <br />Water Policies for the Future (Nat'l. Water COmmissIon, 1973) pp. <br />271-74; 278-79. <br /> <br />-14- <br />