Review Decision on the Cheif's Appeal Decision, Arapahoe & Roosevelt Natl. Forests

• Description: South Platte
• State: CO
• State: WY
• State: NE
• Basin: South Platte
• Water Division: 1
• Date: 3/21/2003
• Author: Northern Colorado Water Conservation District, et al.; David P. Tenny
• Title: Review Decision on the Cheif's Appeal Decision, Arapahoe & Roosevelt Natl. Forests
• Water Supply Pro - Doc Type: Record of Decision

federal agencies, Tribal governments, holders of valid water rights and the interested
public, rather that through unilateral regulatory action by the Forest Service.
1. State Authority to Issue Water Rights:
The states are responsible for the allocation of water available for appropriation. In
western states, water is allocated through granting water rights for identified beneficial
uses. The Forest Service must apply for water rights under state and federal law for use
of water on National Forest System lands, and must identify water needed during state
water rights adjudications when joined in those adjudications under the McCarran
Amendment, 43 U.S.C. §666 (the McCarran Amendment). Because the management of
land and water are intimately connected, a clearly defined and executed state system of
water rights adjudication and granting of water rights provides for the certainty necessary
for land management. Such a system also'provides for the orderly distribution of rights
between competing interests for a limited resource.
2. Respect for Water Rights Granted by the States:
Water rights are valuable property interests that are granted, exercised, transferred and
otherwise managed in accordance with state law. These rights are held by private and
public entities, including the federal government, and are assigned priority based upon
the date on which they were established. In many instances, water rights predate the
reservation of federal lands and the establishment of the national forest system.
Recognition of and respect for these rights is a fundamental tenet of responsible federal
land management and is essential to maintaining order and predictability among water
uses and water users. Frequently the exercise of a water right is connected to or
dependent upon the permitted occupancy or use of national forest system lands. In these
instances, it is incumbent upon the federal land manager to pursue land, water and other
resource management objectives in a manner that minimizes potential negative impacts to
the exercise of these rights. As noted below, there are some cases where conflicts will
exist. However, such conflicts can and should be resolved through cooperation among
the Forest Service, water right holders, state, tribal and local governments, and other
interested parties.
3. Forest Service Responsibility for Managing Water Resources on Lands:
The responsibilities and duties of the Forest Service for managing water resources on the
National Forests begins with the U.S. Property Clause of the Constitution. Article IV,
Section 3 confers plenary authority to Congress over all federal property, which includes
the land and resources of the National Forest System.
Congress used this authority to pass laws that establish and govern the National Forests,
and define Forest Service management responsibility, including: the Organic
Administration Act of 1897, 30 Stat.1 l; the Multiple -Use Sustained -Yield Act of 1960
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