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<br />OU20&8 <br /> <br />. <br /> <br />1. <br /> <br />np ~ ~?" <br />-'_'\.~r. ;;t <br /> <br />. <br /> <br />BLM Water Rights, Policy, and Procedures <br /> <br />iWV : 2 1980 <br /> <br />INTRODUCTION <br /> <br />One of the more critical issues facing BLM hydrologists today is the need <br />for a clear definition of Bureau policy concerning reserved and non reserved <br />water rights to the water resources on Federal lands and whether such rights <br />are exempt from State regulation. This paper sets forth the proposed policies <br />contained in the draft Manual Section 7250 and also describes the new procedures <br />involved in processing applications for water use. <br /> <br />Draft Policies on Water Rights <br /> <br />It is Bureau policy that: <br /> <br />A. To the extent that Congress has not clearly granted authority to <br />the States over waters appurtenant to public domain lands, the Federal <br />Government retains the right to use such water not theretofore appropriated. <br /> <br />. <br /> <br />B. A comprehensive, up-to-date inventory of all Bureau water sources, <br />uses, and needs, as well as perfected water rights shall be compiled and <br />maintained in order to identify the physical and legal availability of water <br />on public lands. This activity is prerequisite and basic to the development <br />and implementation of water-dependent Bureau management plans and programs. <br /> <br />C. Federal non-Indian reserved water rights, asserted by the Bureau as <br />reserved in the name of the United States, shall be limited to the uses and <br />quantities necessary to accomplish the purposes for which the lands or interests <br />thereon have been reserved. Theoretical extensions of all possible legal <br />rights should be avoided. Federal non-Indian reserved water rights shall be <br />claimed for: <br /> <br />1. Existing and planned future water uses necessary to fulfill <br />the purposes for which the lands or interests thereon have been reserved. <br /> <br />2. The water in mineral, medicinal, or other springs located on <br />the public lands which have been withdrawn for the protection of such springs <br />pursuant to the Act of March 3, 1925 (43 U.S.C. 971). <br /> <br />. <br /> <br />3. Well water of usable quantity and quality found in a BLM- <br />acquired exploratory oil or gas well which had resulted in a dry hole, or <br />a producing oil or gas 'well which had been depleted and abandoned, or a <br />water source well which is no longer useful for oil or gas develop- <br />ment purposes. This reservation shall be claimed by the State Director <br />having administrative jurisdiction of the public lands involved, after he <br />has requested and obtained approval from the Assistant Secretary for Land <br />