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<br />000620 <br /> <br />The water study plan notes that the foregoing approach substantially <br />restricts any in-depth review of the overall water development programs of <br />either the Bureau of Reclamation or the Corps of Engineers, The multiple- <br />purpose projects currently constructed under those programs are generally . <br />not solely related to federal public land programs; but benefit all lands in <br />need of water, whether such lands are in private or public ownership. The. <br />study plan does not propose to explore the many facets of the Federal Power <br />Commission's administration of its hydroelectric power licensing responsibilities. <br /> <br />Consequently, it appears that the water study plan of the Public Land <br />Law Review Commission proposes to examine these programs only to determine <br />. in a general way the extent to which (1) such construction programs have <br />physically affected the development and conservation of public water yields, <br />and (2) the impoundment of waters on the public lands affects other public <br />land values, <br /> <br />It appears that the Commission proposes to direct its efforts to evaluating <br />the public lands as a source of water, the extent of the use of water on <br />such lands, and the supply of and the various demands for water. from the <br />public. lands. Also, the economic dependence upon water arising on or flowing <br />across public lands will be investigated by determining agricultural investments <br />on irrigated lands, population, and power generation dependent upon such water, <br />Presumably, the Commission will determine the best alternative developments <br />for the public lands, the probable extent of use of water on public lands" <br />the possible effect on other interests resulting from such development and <br />use of water, and means to improve the legal system under which the public <br />lands are managed, <br /> <br />The Commission proposes to determine the "legal" effect of reserved <br />water rights, This is a matter of great concern to the members of the Western <br />States Water Council and one upon which considerable attention has been <br />given by leading legal authorities in many of these states. <br /> <br />COMMENTS ON STUDY PLAN <br /> <br />The extent to which the Federal Government will exercise its reserved <br />water' rights is unknown. Correspondingly, the extent to which existing uses <br />will be pre~mpted is unknown, Any study concerned with reserved water <br />rights must give primary consideration to the social and economic aspects <br />related to the exercise of such rights. This analysis should include a study <br />of the need for use of water on public lands and the local economic consequences <br />that would follow if the Federal Government, in exercising its rights, were <br />to pre-empt existing beneficial uses of water. <br /> <br />- 22- <br /> <br />':;.{-,f,;NZ.........;:(~..;,,!"........~., <br />~:~~:f:~~~;:;:~;j;:_:~~::~...~~~-i:'} <br />e.?t~ ';:-'~' ~.~:/..~~~:p.~-~.~ .', <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />l<i~Jf'~..,..,$; '.',..." <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />'";~..~.~- _ ~!t~,?~:o:.*~~ <br /> <br />