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_ -~ <br />r' y <br />-2- <br />environment can exist without material injury to water <br />rights. C.R.S. 37-92-102(3)(b). <br />III. Property clause provides that Congress makes all rules <br />respecting property belonging to the United States. <br />The Congress shall have power to dispose of and make all <br />needful rules and regulations respecting the territory or <br />other property belonging to the United States; and <br />nothing in this Constitution shall be so construed as to <br />prejudice any claims of the United States, or of any <br />particular State. U.S. Const. Art IV, § 3, c1.2 <br />A. Reserved rights are an exercise of the property clause. <br />B. Congress, not the state legislatures and not the courts, <br />makes the rules about federal reservations. <br />C. Specifically, as this paper demonstrates, Congress has <br />made the judgments that there is a natural environment <br />worth preserving and also the degree to which that <br />environment shall be protected. <br />D. Not all federal lands having high quality streams are <br />reserved. <br />IV. Some federal reservations requiring instream flows. <br />A. National forests. <br />1. One of primary purposes is to secure favorable <br />conditions of water flows.Z <br />2. Claims are currently being tried -- won't debate <br />merits. <br />3. Basis of claims is for water to perform natural <br />channel maintenance functions. <br />a. Transport of water and sediment. <br />b. Flows very throughout the year. <br />c. Approximating the natural hydrograph in <br />timing. <br />2No national forest shall be established, except to improve <br />and protect the forest within the boundaries, or for the purpose of <br />securing favorable conditions of water flows, and to furnish a <br />continuous supply of timber for the use and necessities of citizens <br />of the United States * * *. Organic Administration Act of June 4, <br />1897, 16 U.S.C. § 473 et sea. <br />