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<br />0261 <br /> <br />. <br /> <br />. <br /> <br />of filing the notice of claim, if the reserved right as claimed is later <br />found by a court not to exist. The Task Force says that the states have <br />incentive to follow this procedure in order to avoid alternatives (b) <br />aril (dl set out in the previous paragraph. <br /> <br />The solution to the problem which the states are asked to accept <br />denonstrates less than a full appreciation for how nost state systems <br />are operated. For states operating under a man:1atory p3rmit system, it <br />is generally not possible for the state to assign to a new permit right <br />a priority date other than the date of filing of the application for <br />pennit. Prior to a state having adopted a mandatory permit system, it <br />is possible to have established a water right with a priority dating <br />fran first application of the water to beneficial use. This distinc- <br />tion perhaps explaiilS the diverse treat:rrent which the Task Force says <br />federal agencies have received fran the states. <br /> <br />lastly, the reccmrren:1ation of the Task Force that the federal <br />agencies and the in:1ividual states sit dOlVl1 and agree on the procedures <br />to be followed in notifying each state of all federal reserved right <br />claims should b2 welo:med by all parties. <br /> <br />C. Cut-Off Date for Assertion of New Reserved Rights on Existing <br />Reservations <br /> <br />7. The policy statanent ~hasizes quantification. Certainty <br />as to federal reserved water rights.is highly desirable. Ha,ever, the <br />quantification process described in the statenent falls far short of the <br />desired objective. Q.lantification cannot be achieved by the federal <br />government llErely setting forth what it claims even if they are set <br />forth in precise fonnula. Quantification in the desired sense can only <br />be reached. through the vehicle of adjtrlication jn some judicial or <br />quasi-judicial testing process. Norrrally the general adjudication <br />process as that tenn is generally understood in western water law, <br />should be the vehicle follo\ved to obtain quantification of federal ~Jater <br />rights. <br /> <br />Assuming the desirability of quantification as the term is used in <br />the report, the Western States Water Council believes the. policy of <br />cutting off or detenning not to assert reserved rights which are not <br />identified. under the "quantification of use" by the goveIl1lrent, is a <br /> <br />-9- <br /> <br />- --. -~'-. - --..--..--....-~-----.--------. <br /> <br />." - -.~.- - ~--~..- -.. .-.. -._-~_._-~-... '-~--,-_...__.- <br />