Laserfiche WebLink
<br />001998 <br /> <br />The recommendations set out In part IV, below, are principally <br /> <br />0" <br /> <br />aimed at rectifying the substantially ad hoc, piecemeal federal approaches <br /> <br />by creating procedures for the comprehensive, systematic effort the Task <br /> <br />Force believes Is required. <br /> <br />J. Legislation as a Solution <br /> <br />In recent years, several blue ribbon commissions and task forces <br /> <br />have addressed the problem of federal water rights and have cal led for <br /> <br />clarifying legislation. Perhaps most prominent among these are the <br /> <br />Public Land Law RevIew COmmIssIon and the National Water COmmIssion. <br /> <br />both chartered by Congress to engage In broad studies of federal land <br /> <br />and water policies. Both called for legislation to clarify, govern <br /> <br />and to a limited extent eliminate the assertion of federal reserved <br /> <br />rlghts.26/ Many other legislatIve proposals have been offered In recent <br /> <br />years, which run the gamut from outright extinction of the reserved right <br /> <br />to creatIon of a federal water court. <br /> <br />To date, however, Congress has shown no Inclination to act In this <br /> <br />controversIal area, and recent legIslation typically has contained a <br /> <br />disclaimer whIch has the effect of continuing the status quo.27/ <br /> <br />The Task Force recognizes that certain outstanding Issues over <br /> <br />federal water rights -- such as whether holders of state water rights <br /> <br />26/ See One-Third of the Nation's Land (1970), pp. 142-49; Water Policies <br />for t~Future (1973), pp. 459-71. <br /> <br />27/ See,~, 43 U.S.C. S 1701, note (S 1701(g) of the Federal Land <br />POlicy and~agement Act). <br /> <br />-28- <br />