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<br />. , <br /> <br />.. <br /> <br />6 <br /> <br />3. Private rights should be as secure as possible <br />subject to the const~aint that claims not be <br />asserted for speculative purposes. Rights are <br /> <br />based on the priority of application to a <br /> <br /> <br />beneficial use, subject to relation back to <br /> <br /> <br />the date of filing and endure so long as the <br /> <br /> <br />claimant applies the water to a beneficial use <br /> <br /> <br />and does [no~] abandon the use of [sic] suffer <br /> <br /> <br />a forfeiture. <br /> <br /> <br />4. The whole stream may be diverted during times <br /> <br /> <br />of peak demand to satisfy calls on it. A call <br /> <br /> <br />may only be rejected by the stream administrator <br /> <br /> <br />if it would be futile (p. 1). <br /> <br /> <br />In states east of the lOath meridian, the riparian doctrine <br /> <br /> <br />is used. This principle ties use of the water with ownership <br /> <br /> <br />of the land adjacent to a stream. <br /> <br /> <br />In the doctrine of reserved rights, the Federal <br /> <br /> <br />Government supersedes the state appropriations systems. This <br /> <br /> <br />implied right "reserves only that amount of water necessary <br /> <br /> <br />);.0 fulfill the purpose of the reservation, no more" [Cappaert <br /> <br />~~ <br />v. United States, 426 U.S. 128 (U.S. Court of Appeals 9th, <br /> <br /> <br />1976)]. The doctrine is important in this case because it <br /> <br /> <br />explains why Green Mountain Reservoir (U.S. Department ot <br /> <br /> <br />Interior - Bureau of Reclamation) has junior rights to the <br /> <br /> <br />Shoshone power plant, operated by Public Service. The Bureau <br /> <br /> <br />of Reclamation's (BUREC) rights to store water are based on <br />