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<br />.~l <br /> <br />'\- <n <br />,I <br />I <br /> <br />free for the appropriation and use of the public... subject to the exisr.ing <br /> <br />rights..." (emphasis added). Subsequent to the Desert Land Act, the States <br /> <br />have licensed and regulated the use of the waters of the public domain. <br /> <br />However, there have been no Federal statutory criteria enacted to quantify <br /> <br />the amount of "surplus" water subject to appropriation by the States. <br /> <br />Since it is not possible to know with certainty the amount of water held <br /> <br />under Federal reserved rights, effective administration is difficult. The <br /> <br />lack of definitive guicelines for quantification of Federal reserved water <br /> <br />r:i.ghts. or surplus water within the public domain. results in time-cot1.- <br /> <br />sum:i.ng and costly litigation to determine the respective rights of co~eting <br /> <br />sovereigns and other public and private entities with regard to quantities <br /> <br />of water which may be used for any particular beneficial or authorized <br /> <br />purpoae. Morever, the current state of the law is 5I1ch that State courts <br /> <br />may have concurrent jurisdiction with the Federal courts over controversies <br /> <br />involving Federal rights to the use of water. "Determinations of the r~ghts <br /> <br />of the Feder~l Government in State courts and vice versa only add to the <br /> <br />complexities of the problems by creating additional arenas in which water <br /> <br />quantification issues are addressed without definitive resolution. <br /> <br />Lack of quantification procedures acceptable to both the Federal Government <br /> <br />and the non-F~deral entities with regard to water resource uses results in <br /> <br />uncertainity of Federal and non-Federal water resource development. This <br /> <br />basic recognition, coupled with such factors as the finite supply of water, <br /> <br />. <br />new appllcat:!.ons of water for energy prlorit:!.es, and the. desire. to m.ax:i- <br /> <br />lII1ze present water uses. mandates a concerted effort by all elements of the <br /> <br />public and private sectors to resolve these quantification issues. It is <br /> <br />incumbent upon the ~ederal Government to take the initiative in proposing <br /> <br />solutions to resolve the present problems. not only because of its Federal <br /> <br />1 <br />