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.~ttP://WWW.fs.fed.us/im/directives/fsm/2500/2540 /'I'" ., 1 ') r' U lJ '-.A. :J ,) http://www.[s.fed.us/im/directives/fsm/25 00/2540 and acknowledged by local customs, laws and court decisions. SUbsequent laws and legal decisions specifically affecting National Forest System water rights and uses include: 1, The Desert Land Act. The Desert Land Act of March 3, 1877 (19 U.S.C. 377) I as amended (43 U.S.C. 322) I permits public appropriation of unappropriated nonnavigable waters on the public domain in the 13 States to which it pertains. In a 2935 ruling, the Supreme Court held that the Act authorizes public acquisition of such water rights by following procedures prescribed by State law (California and Oregon Power Company v. Beaver Portland Cement Company, 295 U.S. 143). However, in 1955 the Supreme Court held that the Desert Land Act does not apply to lands reserved from the public domain (Federal Power Commission v. Oregon, 349 U.S, 935). 2. The Organic Administration Act. Basic authority for watershed management is in the Organic Administration Act of June 4, 1897 (30 Stat. 34, as amended, 16 D.S.C. 475). It states the securing of favorable water flow to be a purpose for establishing National Forests. The Act allows all waters within National Forest boundaries to be used for domestic, mining or irrigation purposes under the laws of the States wherein the National Forests are situated, or under United States laws, rules and regulations. A 1982 Colorado Supreme Court ruling (United States of America v. City and County of Denver, 656 P. 2d1) clarified that the 1897 Act grants only a permissive right to use waters within the National Forest. 3. Judicial Doctrine. The Supreme Court established federal reserved water rights in 1908 (Winters v. United States, 207 U.S. 568). Key provisions of the decision, known as the Winter Doctrine, and subsequent modifying rulings are: a. The United States government implicitly reserves the amount of water needed for reservation purposes. b. Only the amount of water needed for reservation purposes is reserved. c. Groundwater as well as surface water is included. d. The Multiple-Use Sustained-Yield Act does not allow additional retroactive reservation of water. e. Federal reserved water rights, unlike State water rights, are not lost by nonuse and may provide for future needs. The priority date is the date of withdrawal of the re-servation. 4. General Exchange Act. The General Exchange Act of March 20, 1922 (42 Stat, 465), as amended (16 U.S.C, 485, 486), provides authority for accepting title to lands within National Forests in exchange for National Forest lands reserved from the public domain. Lands acquired under this act or under other authorities related to the purchase, exchange, or donation of lands added to the National Forest System, do not have reserved status for purposes of claiming water under the reservation principle. This includes nonreserved lands acquired by another Federal agency and subsequently transferred to Forest Service jurisdiction. Such acquired lands may, however, carry with them water rights established under state laws, depending upon the laws and facts involved in each transaction. 5, Organic Act of 1944, A provision of this act (16 U,S,C. 526) authorizes appropriations for Forest Service investigation, establishment, purchase and protection of water rights needed or beneficial for Forest Service administration and public use. a. Adjudicate rights to use river system or other waters. 6, McCarran Amendment, This 1952 act (43 U.S,C, 666) allows the United States to be joined as a defendant in lawsuits to: 2 of 13 04/24/9815:58:55