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<br />,,/., <br /> <br />.> <br />./ <br />" <br /> <br />( <br /> <br />( <br /> <br />. <br /> <br />f)fl1 n~)3 <br /> <br />4It <br /> <br />II. IMPACT ON THE USE OF WATER RIGHTS. <br /> <br />A. Identification of Federal Reserved Water Riqht. <br /> <br />Under federal law, the united States may reserve unappropri- <br />ated water at the time of withdrawal and reservation of public <br />lands in an amount sufficient for the primary purposes of that <br />reservation. united States v. New Mexico, 438 U.S. 696 (1978). <br />Although negatively phrased, WSRA contains an express. reservation <br />of sufficient unappropriated water in the stream as 1S necessary <br />to fulfill the purposes of that Act. 16 U.S.C. ~ 1284(C) pro- <br />vides that: <br /> <br />designation of any stream or portion thereof as a <br />national wild, scenic or recreational river area shall <br />not be construed as a reservation of the waters of such <br />streams for purposes other than those specified in this <br />chapter, or in quantities greater than necessary to <br />accomplish these purposes. <br /> <br />In addition, legislative history of the Act indicates <br />congressional intent to reserve unappropriated/water neces- <br />sary to fulfill the purposes of the Act. See 114 Cong.Rec. <br />28313 (Nov. 26. 1968). <br /> <br />As noted above, the purpose of the Act was to preserve <br />selected rivers in their current free-flowing condition to <br />protect the specific value which led to the river's selection. <br />In order to determine the amount of water reserved for selected <br />rivers, it is necessary to consider the specific values sought to <br />be protected within each designated stream segment. The amount <br />of water reserved is only the amount necessary for those parti- <br />cular purposes. <br /> <br />The priority of the reserved federal water right for desig- <br />nated rivers is the actual date of designation. The intent that <br />this date should control is indicated by the use of the words <br />"designation" and "reservation of the waters" together in 16 <br />U.S.C. ~ 1784(C) and the Act's primary purpose in preserving <br />designated rivers in their free-flowing condition after they are <br />included in the system as stated in 16 U.S.C. ~ 1271. As addi- <br />tional support, the Act requires automatic withdrawal of all <br />pUblic lands within the boundaries of a designated area on the <br />date of its inclusion into the system, which would facilitate the <br />reservation of the land and water on that date. See 16 U.S.C. <br />~ 1279(a). --- <br /> <br />2 <br /> <br />