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. 00156'1 WESTE STATE , WATE April 1, 1994 ~,., . ~. Issue N . :n.,' ' . '-.~ 1 r:J " A 'illIr-3 '. ft,. .,.1 ~~~~f1f,/(fJ\ "i~ I,>, 4 }.)9{1~:i\ I, F . C cl paer WCB nserv Iw ter E THE WEEKLY NEWSLETTER OF THE WESTERN STATES WATER COUNCIL Creekview Plaza, Suite A-201/942 East 7145 So./ Midvale, Utah 840471(801) 561-5300 / FAX (801) 255-9642 Chairman - Dave Kennedy; Executive Director - Craig Bell; Editor - Norm Johnson; Typist - Carrie Curvin ADMINISTRATION UPDA1EJWATER RIGHTS Grazing ReformJBureau of land Management (BLM) . BlM's Rangeland Reforms '94 were published on March 25 as a proposed rule that would effect fundamental policy changes under five major categories: (1) grazing fees and associated incentives; (2) effective public participation; (3) administrative practices; (4) range improvements and water rights; and (5) resource management standards/guidelines. An advance notice was published on August 13,1993 (58 FR 4320B),and 12,600 letters were received in response, wtth over 56,000 individual comments. Most focused on grazing fees, rangeland improvements and water rights. (59 FR 14314) . Many of the comments expressed concern that the wording suggested the federal government would take existing rights. The text has been modified wtth respect to water rights and improvements associated with livestock grazing on public lands. Title to all new grazing-related improvements constructed on public lands, except temporary or removable improvements, would be held by the Untted States. Expendttures for permanent improvements would be documented and properly credtted under Section 402(g) of the Federal land Policy and Management Act (FlPMA), which provides compensation for authorized improvements whenever a permtt or lease is cancelled, in whole or in part, in order to develop the lands for another public purpose. This would include spring developments, wells, reservoirs, stock tanks, and pipelines. With respect to livestock watering and water rights, under the proposed rule, any new rights would be acquired, perfected, and administered under state law, in the name of the Untted States, if allowed. If not, cooperative agreements would be used to provide that water rights are to be used and maintained in conjunction wtth the grazing permtt or leal;es, so as to not give riseto any claim for compensation should the permtt or lease to which tt is attached be cancelled. The proposal would not create any new federal reserved water rights, nor would tt affect valid existing water rights. Moreover, the proposal does not change existing BLM policy on water rights for uses other than grazing on public lands, such as irrigation, or municipal and industrial uses. When permitted by state law or regulation, for ease of administration, permittees and the Untted States may file jointly for water rights (as in Wyoming). The proposed rule does not contain such a provision, but if filing exclusively in the name of the Untted States is not permitted under state law, then the proposed language would permtt joint filings. Specific comments are sought on whether the rule should mandate joint filing to the extent consistent wtth, or even if not permitted under, state law. Specific comments are also sought on whether co-applications should be allowed when tt would not change the underlying ownership of the water right. Section 4120.3-9 Water Rights reads as follows: "Any right acquired on or after [the effective date of the rule] to use water on public land for the purpose of livestock watering on public land shall be acquired, perfected, maintained and administered under the substantive and procedural laws of the State wtthin which such land is located. To the extent allowed by the law of the State wtthin which the land is located, any such water right shall be acquired, perfected, maintained, and administered in the name of the Untted States."