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14 b. Appropriation of Water Ri~hts Under State Water Law Where the development of water is not within the administrative control of the Forest Service and water rights are needed for the protection of wilderness resources, and water rights are available under State law, the Forest Service will apply for water rights in accordance with State law. It is necessary that the rights afforded under State law provide control to the Forest Service to be assured of the continuing availability of the water secured by the State right. Application in Colorado: The Forest Service has not been able to conclude that the water rights provided under Colorado law would clearly provide the secure protection for wilderness water resources so as to rely on this mechanism. The Forest Service is in the process of beginning discussions with the State of Colorado as to the degree of protection that Colorado law does or could provide. Because water rights in Colorado are confirmed through adjudication, any assertion of water rights under State law will require consulta- tion with and representation by the Department of Justice. c. Federal Reserved Water Ri~hts Where the development of water is not within the administrative con- trol of the Forest Service, the United States will submit a Federal reserved right claim for the water identified as necessary for existing and foreseeable National Forest uses and management needs. In order to obtain the earliest possible priority date, claim will be asserted for a Federal reserved water right for that amount of water needed to maintain favorable conditions of water flow under authority of the Organic Administration Act of 1897, with a priority as of the date on which the particular NFS lands were reserved under that act. The amount of water necessary to maintain favorable conditions of streamflow may include those instream flows sufficient to maintain the stability of stream channels by providing for sediment transport, maintenance of stream bank integrity, and maintenance of riparian vegetation. If the Forest Service determines that water, in addition to that secured under the authority of the Organic Act of 1897, is needed for protection of the wilderness resources, consideration will be given to claiming Federal reserved water rights under the authority of the Wilderness Act and other speCific statutory authority as recog- nized by this Court. In such circumstances, the claim would be for all of the natural flow or body of standing water, less any amounts appropriated prior to wilderness designati.on, unless the Forest Service determines that a different quantity will achieve the purposes for which the wilderness was established.