WSP12185

• 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

001978

reasoned that the Federal Government would not reserve lands for specific

~\ ..

uses unless It also Intended to reserve unappropriated water necessary

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to fulfill the objectives of the reservatlon.~/ The Court has also

recently observed In dictum, however, that "[wJhere water Is only valuable

.

for a secondary use of the reservation

. there arises the contrary

Inference that Congress Intended

. . .

that the United States would

acquire water In the same manner as any other public or private approprl-

ator.III/ Thus. there Is an Important distinction between the purposes

of a land reservation and congressionally-authorized management of unre-

served lands or reserved lands for objectives apart from the reservation

purpose(s); I.e., only the former carry with them reserved water rights.
The measure of the federal reserved water right Is that quantity

of water needed to accomplish the purposes of the reservation and no

more.8/ The priority date of the federal reserved water right for

purposes of determining seniority of water rights relative to those ob-

talned under state law Is the date action Is Initiated to effect a

federal reservation, or the date a new purpose was created for the

reservat Ion.

~/ Cappaert v. United States, supra at 139; see United States v. New Mexico.
438 U.S. 696, 698-700 (/978).

7/ United States v. New Mexico, supra at 702; but see Cappaert v. United
States, 426 U.S. 128, 143 (1976).

~/ Cappaert v. United States, supra, at 139 and 141.

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