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<br />http://www.fs.fed.uslim/ d i recti ves/fsm/2500/2 540 <br /> <br />f>:1)';,")Q <br />,j U t.. ~. -:.l \) <br /> <br />http://www.fs.fed.us/im/directives/fsm/2500/2540 <br /> <br />d. water needed for irrigation of tree nurseries, seed <br />orchards, and other facilities devoted primarily to the supply <br />of timber or watershed protection. <br /> <br />e. water needed for maintaining Forest Service riding and <br />packs tack used in the administration of the National Forest <br />System timber resources and for watershed protection. <br /> <br />f. Water needed in connection with special uses where the user <br />is engaged in activities carried out for watershed protection or <br />timber production on the National Forest System. <br /> <br />g. water needed in the form of instream flows sufficient to <br />maintain the stability of stream channels for favorable <br />conditions of waterflow and protection against the loss of <br />productive timber lands adjacent to the stream channels. This <br />includes the volume and timing of flows required for adequate <br />sediment transport, maintenance of streambank stability and <br />proper management of riparian vegetation. A procedure for such <br />quantification is located in FSH 2509.17, chapter 30. <br /> <br />2. Other reservation authorities. Claims for reserved rights may be <br />based on purposes authorized by legislation such as the Multiple-Use <br />Sustained-Yield Act of 1960, the Wild and Scenic Rivers Act (82 Stat. <br />917, 16 U,S,C. 12771 et seq,) or the Wilderness Act (P,L. 88-577, as <br />amended, 16 U,S,C. 1131 et seq.), <br /> <br />Because of the legal complexities involved in water rights under these <br />statates, do not make such claims without prior consultation with the <br />Chief and the Office of the General Counsel, <br /> <br />254l.21a - Priority Date <br /> <br />a. Claim the date of reservation for rights claimed under the <br />Organic Administration Act of 1897. <br /> <br />b. Claim the effective date of legislative enactment or <br />executive action authority for rights claimed under other <br />authorities. <br /> <br />2541.21b - Former Public Domain Lands in Question. Apply the reservation <br />doctrine to withdrawn lands reverted to the United States if title never <br />passed from the United States. <br /> <br />2541.21c - Other Reservation Lands. Seek advice from the Office of <br />General Counsel in cases involving former Indian, Military, or other <br />reservation lands. The applicability of water rights and the effective <br />date is dependent on what is acquired and on whether the same or similar <br />use is continued on reserved lands. <br /> <br />2541.21d - Rights Acquired by Others Prior to Withdrawal. Determine the <br />location of diversions and amounts appropriated by others prior to land <br />withdrawal from the public domain. Water rights acquired by private <br />parties prior to establishment of the reservation are senior to those of <br />the Forest Service. Do not claim reserved rights if waters were fully <br />and validly appropriated by others prior to withdrawal. <br /> <br />2541.21e - Limitations. Do not claim reserved rights on lands acquired <br />by other methods and authorities, such as exchanges, gifts, or purchases. <br /> <br />2541.21f - Notification to States of Water Uses for Reservation <br />Purposes. Inform States of existing and foreseeable water uses needed to <br />carry out the purposes of the reservation. Report both surface and <br />subsurface water uses. <br /> <br />1. Reportable Reserved Rights. Report water uses that consume water <br />to protect and improve the use and productivity of the National Forest <br />System. Do not report evaporation and seepage losses from natural lakes <br /> <br />5 of 13 <br /> <br />04/24/98 15:58:56 <br />