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<br />n00415 <br /> <br />-~- <br /> <br /> <br />the public domain and in the arid land states and territories to the use of the <br /> <br /> <br />public for irrigation and other purposes, severed the land and vlaters constitut- <br /> <br /> <br />ing the public domain, allowing the lands to be patented separately, and subjected <br /> <br /> <br />all non-navigable waters then a part of the public domain to the plenary control <br /> <br /> <br />of the designated states, with the right in each to determine for itself what <br /> <br /> <br />extent the rule of appropriation or the common-law rule in respect of riparian <br /> <br /> <br />rights should obtain. <br /> <br /> <br />Section 1 of the 1944 Flood Control Act (Public Law 14--79th Congress - <br /> <br /> <br />1st Session) contains a declaration of policy and provides a procedure which <br /> <br /> <br />recognizes the rights and interests of the states in the Federal programs of <br /> <br /> <br />water development. The procedure therein specified affords an opportunity for <br /> <br /> <br />states to comment on and make recommendations with respect to proposed plans for <br /> <br /> <br />Federal projects. In practice this procedure has been most effective in inte- <br /> <br /> <br />grating the affairs of the Government and the states in water development. The <br /> <br /> <br />policy statement of Section 1 of the 1944 enactment (often called the O'Mahoney- <br /> <br /> <br />1fillikin Amendment) reads as follows: <br /> <br /> <br />"That in connection with the exercise of jurisdiction over <br /> <br /> <br />the rivers of the Nation through the construction of works of <br /> <br /> <br />improvement, for navigation or flood control, as herein authorized, <br /> <br /> <br />it is hereby declared to be the policy of the Congress to recog- <br /> <br /> <br />nize the interests and rights of the States in determining the <br /> <br /> <br />development of the watersheds vuthin their borders and likewise <br /> <br /> <br />their interests and rights in water utilization and control, <br /> <br /> <br />as herein authorized to preserve and protect to the fullest <br /> <br /> <br />possible extent established and potential uses, for all purposes, <br />