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<br />Http://www.fs.fed.us/im/ d irectives/fsm/2500/2540 <br /> <br />(jU~')~1? <br />r..,.L L... <br /> <br />http://www.fs.fed.us/im/direcrives/fsm/25 00/2540 <br /> <br />Reserved water rights cannot be lost for nonuse. However, they can be <br />made ineffectual if associated water sources are diverted, polluted, <br />impounded, or otherwise made unavailable or unusable. Be alert to any <br />proposal that will adversely affect water supplies needed to carry out <br />purposes of reserved lands. Make appropriate protests concerning any <br />such proposals. <br /> <br />Study and become familiar with specific State water right laws. Water <br />rights obtained under State law, whether appropriated, acquired by <br />assignment of a deed to land, or acquired by separate purchase or <br />exchange of water rights, may be subject to loss if not exercised in <br />accordance with State water laws. State laws often differ regarding the <br />bases of grounds for possible forfeiture of a right to water use. <br />Maximum allowable periods of nonuse and restrictions on changes in <br />purpose or point of diversion or use, may vary. In managing appropriated <br />water rights and other interests in water acquired under State law: <br /> <br />1. Maintain water rights in accordance with State forfeiture or <br />abandonment laws and regulations. Apply the water to the purposes and in <br />the manner specified in the water right permit, license, or decree. This <br />includes the amount, time, and designated place of diversion and use. <br /> <br />2. Maintain in operable condition, all diversions, impoundments, or <br />other facilities required to exercise the associated water right. <br /> <br />If it becomes necessary for the proper management of National Forest <br />System resources to convert a use of water, secured under state water <br />right, to a water use not adequately recognized and protected under state <br />law, consult with the Washington Office and the Office of the General <br />Counsel as to how adequate protection can be obtained. <br /> <br />2541.41 - Verification of Water Use. Verify that each water use <br />authorized by a State water right is used according to provisions of the <br />law of the State in which the use occurs. Comply, and verify compliance <br />with all provisions of permits, licenses, or decrees. Make on-the-ground <br />inspections when necessary where a diversion, impoundment, or other <br />facility is required to exercise the water right. <br /> <br />Verify the existence of water rights on lands or waters to be acquired <br />before taking land adjustment actions. Include documentation that <br />verifies: <br /> <br />1. The water right{s) to be acquired are recognized by the State and <br />areas described by the party from whom they would be acquired. Verify <br />the priority date and the authorized amount, season, period of use, and <br />purpose of use. <br /> <br />2. All State requirements for exercise of the right have been met. <br />Ensure that the water right is not subject to a declaration of forfeiture <br />or abandonment by the State under provisions of State law due to nonuse, <br />unauthorized changes in type of use, place of diversion or use, or other <br />reasons. <br /> <br />3. The water right(s), as described and as recognized under state <br />law, will satifactorily serve the present and future foreseeable needs of <br />the Forest Service. <br /> <br />2541.42 - Purchase and Exchange of Wa'ter Rights. Acquire water rights <br />needed for National Forest uses through purchase or exchange when waters <br />are fully appropriated and Federal rights are not applicable. Follow <br />these procedures: <br /> <br />1. Include purchase costs for water rights in special use fees when <br />such purchases are made specifically to support the permitted use. <br /> <br />2. Secure any appurtenant water rights with lands acquired by <br />exchange. <br /> <br />3. <br /> <br />Follow state procedures for changes in water rights, such as <br /> <br />9 of 13 <br /> <br />04/24/9815:58:57 <br />