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. . " 2 and Water Resources to withdraw these areas for public water resource use under the authority of section 204(d)(1) of the Federal Land Policy and ~Umagement Act of 1976 (FLPMA) (43 U.S.C. 1714). Although FLPMA repealed the proviso (43 U.S.C. 300) in the Oil and Gas Conversion Act of June 16, 1934 (30 U.S.C. 229a) , which authorized the reservation of land containing waterholes for public use, those water rights asserted under this Act are still valid. . 4. The water in natural springs and waterholes yielding amounts in excess of established requirements of homesteads. This water has been reserved for general use by the public under PWR No. 107. Although FLPMA repealed section 10 of the Act of December 29, 1916 (43 U.S.C. 300), which is the authority for Executive Order of Withdrawal, "Public t,1ater Reserve No. 107", dated April 17, 1926, all reserved water rights asserted under PWR No. 107 are valid. ~~ D. The Bureau should acquire State water rights to all water sources located on acquired lands. Federal non-Indian reserved water rights to water from springs and waterholes cannot be asserted under PWR No. 107. E. The Bureau must apply to the State for water rights on nonreserved water sources that have come into existence or been developed on the public land after October 21, 1976. F. Bureau use of Federal reserved water to accomplish a congressionally mandated project or program does not require a State appropriative water right; 411 likewise, a private party applying to Blll for the use of "surplus" reserved water need not file for a State appropriation. However, as regards Federal nonresel~ed water, the Bureau shall follow State law, wherever possible, and obtain a State appropriative water right: in like manner, the use of nonreserved water by private applicants require a State approoriation, but the Bureau must be identified on the certificate as the holder or coholder of the State appropriative water right. This policy will prevent the water on public lands from being permanently acquired by private individuals and thus enable the Bureau to carry out its congressionally mandated land management functions which very likely will be needed at some future date. G. \~ere congressionally mandated land and resource management projects or programs require the use of nonreserved water for a purpose recognized as nonbeneficial under State law, a Federal appropriative water right shall be asserted. It is important to note that the Bureau should first obtain the approval of the Assistant Secretary for Land and Water Resources before proceeding to assert a Federal appropriative water right. H. The Bureau shall obtain a State appropriative water right to aban- doned but functional artifically developed water sources or man-made water collection structures on the public lands in order to legally use the water to meet existing needs. .