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Last modified
1/26/2010 12:26:45 PM
Creation date
10/11/2006 9:50:26 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8062
Description
Federal Water Rights
State
CO
Basin
Statewide
Date
6/1/1979
Author
WSWC
Title
Observations of the Western States Water Council concerning the Report of the Federal Task Force on Non-Indian Reserved Rights - Task Force 5A - Presidents Water Policy Implementation
Water Supply Pro - Doc Type
Report/Study
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<br />( <br /> <br />( <br /> <br />( <br /> <br />. <br /> <br />. <br /> <br />0254 <br /> <br />lNrROOucrION <br /> <br />The twelve western states, rrembers of the Western States \\later <br />COlillcil, . . express the following .~... ~ observations <br />concerning the 77 page Task Force rep:>rt, released by the President's <br />water p:>licy implementing team in June of 1979. <br /> <br />The detailed ccmrnents which will follow this intrcrluction are <br />intended to be constructive and helpful and are directed specifically to <br />the various sections of the rep:>rt and the many recarrnendations mde by <br />the. Task Force. However, it would be inappropriate to make these con- <br />structive suggestions without preliminary canrrent regarding the setting <br />and atmosphere which the western states sense as they make these canrrents. <br /> <br />More than tv.D years ago, the President announced his'intentions to <br />institute significant water p:>licy refonn. The states were concerned <br />that there would be an encroachment up:>n areas of state responsibility <br />and those fears were heightened by initial widesweeping options that <br />were published by the federal govermnent. <br /> <br />The water rights area was the area in \~hich the \~estern states felt <br />the most concern. The many rronths of deliberations alla.-red for a great <br />munber of rreetings and the exchange of many ideas. Much has been <br />accanplished to eliminate proposals that would not be in the interest <br />of either the states or the federal government. Still, there lingers <br />the concern over the p:>tential encroachment into the area of states I <br />responsibilities. On several occasions, federal officials given specific <br />responsibility far the implementation of the President 's refonn, have <br />assured the states that the water right doctrines of the various states <br />will be respected. Assurances have been given by the Assistant Secretary <br />of Interior for Water and Land, by the Secretary of Interior, and by the <br />Vice:"President. However, because of continuing concern expressed by <br />officials of western states, including western governors, the President <br />met with the governors and stated, "I want to make clear frcrn the very <br />beginning that there absolutely will be no preemption of state or private <br />prerogatives in the use of management of water. This is not the purpose <br />of the p:>licy at all." This assurance by the President addressed the <br />total spectrum of ,vater management and did not limit his pranise to the <br />question of state-federal water rights. <br /> <br />This premise was welcaned by western governors and did much to <br />facilitate further cooperation arrong state ar.d federal officials working <br />on the details of the p:>tential refonn effort in the \mter right area. <br />This built on a previous presidential statement which indicated that the <br />federal government would be willing "to negotiate in the area of reserved <br />water rights and settle such rights in an orderly and final manner, <br />seeking a balance with conflicting and established water uses." The <br />President went on to say that agencies are to, "Utilize a reasonable <br />standard when asserting federal resexved rightS which reflect true <br />federal needs rather than theoretical and hypothetical needs based on <br />the full legal extension of all p:>ssible rights. In consultation with <br />the Depart:Irent of Justice, each of you shall develop proca:1ures and <br />standards far the purpose of implementing these directives." <br />
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