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<br />. <br /> <br />. <br /> <br />0258 <br /> <br />(To bo added at the end of the last paragraph on page 6.l <br /> <br />Downstream water users would also be adversely affected in <br />t~ot the right to transfer an exIstIng poInt of diversion upstream <br />would be denied to the extent that it caused Interference with <br />the instream flow use. <br /> <br />(Additional material to be added at the bottom of poge 6.1 <br /> <br />In any event it is clear thot non-reserved federal rights do not <br />exist. If they did exist the Court never would have had to <br />distinguish between publ ic domain and reserved lands. and the <br />development of the reservation doctrine would have been unnecessary. <br />Further, United States v. ~ew ~exlco specIfically held that the <br />reservation doctrIne is the only ex~eption to the relinquishment <br />of plenary control over non-navigable western waters to the <br />individual states. <br />