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Last modified
7/29/2009 7:29:25 AM
Creation date
10/12/2006 5:25:36 AM
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Template:
Water Supply Protection
File Number
8067
Description
Section D General Federal Issues/Policies-Section 7 Consultations
Date
6/1/1979
Title
Federal Water Rights 1973-83-Report of Federal Task Force on Non-Indian Reserved Rights
Water Supply Pro - Doc Type
Report/Study
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<br />oa19~JJ <br /> <br />which are Impaired by the exercise of a federal reserved right should <br /> <br />be compensated -- can probably be resolved only by leglslatlon.28/ <br /> <br />Even apart from the compensation Issue, Congress alreadY has an array <br /> <br />of approaches to choose from among the many legislative proposals made <br /> <br />over the past two decades.29/ <br />The Task Force believes that a comprehensive and systematic <br /> <br />effort by federal agencies to Identify and quantify their water rights <br /> <br />holds the promise of dampening much of the controversy. and narrowing <br /> <br />state-federal conflicts. while stili protecting federal Interests. In <br /> <br />these circumstances, we have determined that our efforts were best <br /> <br />spent In concentrating on developing such a program. Therefore. the <br /> <br />Task Force does not recommend legislation. <br /> <br />1'1. AGENCY REPORTS <br /> <br />Attached as Appendix 4 to this document are the official reports <br /> <br />of the Individual federal agencies In response to the President's dlrec- <br /> <br />tlve. These reports cover the following subjects: <br /> <br />I. A brief description of the reserved rlqhts claimed by each <br /> <br />aqency. In some cases these statements are being further explained In <br /> <br />opinions of legal counsel now In preparation. The Solicitor of the <br /> <br />26/ Professor Trelease suggesTs that compensation Is nOT ripe for con- <br />Slderatlon until a case of "real and substantial harm" from the federal <br />reservation doctrine occurs. Trelease. ~ clt., at 492. <br /> <br />29/ For a summary of some of these, see the GAQ Report, pp. 39-50. <br /> <br />-29- <br />
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