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<br />needed to replenish natural levels. And the federal government <br /> <br />4It worked to protect instream flows on its western land holdings. <br /> <br />Despite frequent resistence by irrigators and other <br /> <br />consumptive user groups, a number of the attempts to protect <br /> <br />free-flowing waters under western law have succeeded. currently, <br /> <br />a variety of laws, programs, and strategies are being applied to <br /> <br />maintain and enhance instream resources in most areas of the <br /> <br />West. After describing the multiple benefits of free-flowing <br /> <br />waters, this Article looks at the ways in which instream flow <br /> <br />protection is pursued in both the pUblic and private sectors. <br /> <br />The analysis begins with programs established by western state <br /> <br />legislatures to promote instream resources. These include <br /> <br />prohibitions on additional diversions, conditions imposed on new <br /> <br />water use permits, the creation of instream flow rights, and <br /> <br />4It transferring existing water entitlements to instream uses. Next, <br /> <br />the efforts of Indian tribal governments are assessed, followed <br /> <br /> <br />in Part IV by ways in which the private sector is asserting <br /> <br />instream flow protection. These analyses incorporate discussions <br /> <br /> <br />of reserved water rights, tribal water codes, the Public Trust <br /> <br />Doctrine, and opportunities for cooperation. Part V describes <br /> <br />federal strategies, including ways that statutes and <br /> <br /> <br />adminstrative procedurE~s are each able to promote instream <br /> <br />resources. The Article concludes with a summary of the issues <br /> <br />needing resolution in t:his emerging--and controversial--field of <br /> <br />instream flow protection. <br /> <br />4It <br /> <br />-3- <br />