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<br />nnl~86 <br /> <br />The Task Force has not worked under the Illusion that a complete <br /> <br />accommodation of federal rights to state Interests can be reached every- <br /> <br />~ <br /> <br />where In the West, and Is not necessarily of the opinion that the <br /> <br />~ .. <br /> <br />Colorado system should serve as a model for other states, but the <br /> <br />experience In Colorado Water Divisions 4, 5 and 6 al lows us to strike <br /> <br />an optimistic note that these problems may not be as Intractable In <br /> <br />fact as some might perceive them to be In theory. The principal reasons <br /> <br />for this optimism seem to be: (I l Most federal reservations are located <br /> <br />high on the watersheds,111 which means that the establishment of a <br /> <br />federal reserved right does not Impair many upstream users because <br /> <br />these users do not exist In substantial numbers. (Zl Most of the federal <br /> <br />reserved rights do not Involve substantial consumptive uses. Typical <br /> <br />consumptive uses -- stockwaterlng, recreation, human consumption -- <br /> <br />are minimal compared to the total available water supply.~1 (3l The <br /> <br />non-consumptive uses primarily Involve Instream flows, which preserve <br /> <br />the water for appropriation under state law at points downstream from <br /> <br />the federal reservation. 121 <br /> <br />111 See United States v. New Mexico, 438 U.S. at 699, n. 3 (1977l. <br /> <br />161 Water rights for the Bureau of Reclamation's Irrigation program <br />Involve large consumptive uses but must, by express congressional directive, <br />be obtained under state law. See 43 IJ.S.C. S 383; California v. United <br />States. 438 U.S. 645 (1978). <br /> <br />121 See note 13, supra. <br /> <br />-16- <br />