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<br />{J004H <br /> <br />-14- <br /> <br /> <br />a sovereign; and a state, under the dedication of .mter to the state or to the <br /> <br /> <br />people, exercises -the power of administration or regulation of the waters <br /> <br /> <br />flowing within its boundaries, <br /> <br /> <br />The recitals contained above, with respect to ri[Chts and interests in, <br /> <br /> <br />and authority over, the use and control of water as betHeen the Federal Govern- <br /> <br /> <br />ment and the states, would seem to indicate considerable potential conflict. <br /> <br /> <br />As pointed out elsewhere in this paper, the de:narcation between the tVfO is not <br /> <br /> <br />always clear. ;:iuch has been done by Federal legislation folloOled by procedures <br /> <br /> <br />and practices to alleviate the situation. <br /> <br /> <br />Section 8 of the Reclamation Act of 1902 provides: <br /> <br /> <br />11;:- <> ;> nothing in this Act shall be construed as affecting <br /> <br /> <br />or intended to affect or to in any way interfere with the laws <br /> <br /> <br />of any ~tate or Territory relating to the control, appropriation, <br /> <br /> <br />use or distribution of water used in irrigation, or any vested <br /> <br /> <br />right acquired thereunder, and the Secretary of the Interior, in <br /> <br /> <br />carrying out the provisions of this act, shall proceed in con- <br /> <br /> <br />formity with suci! laws, and nothing herein shall in any vmy <br /> <br /> <br />affect any righ~ of any State or of the Federal Government or <br /> <br /> <br />of any landovmer, appropriator, or user of Hater in, to, or <br /> <br /> <br />from any interstate streal'l or the waters thereof: II <br /> <br /> <br />By the Acts of 1866 (14 ~tat. 251), 1870 (16 Stat. 217), and 1877 <br /> <br /> <br />(19 Stat, 377) the federal gover~~ent irrevocably and unconditionally surrendered <br /> <br /> <br />or relinquished whatever rights the Government may have had to control the use <br /> <br /> <br />to the waters of the non-navigable stre~"s of the West. Congress by means of <br /> <br /> <br />this legislation recognized and assented to the appropriation of water in contra- <br /> <br /> <br />vention of the cDmmon-law rule as to continuous flow, dedicated the waters upon <br />