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. . . ~ 4 O. All water use projects requiring a right-of-way shall be recorded . on the master title plat (MTP) when the authorizing document, i.e., right-of- way grant, is recorded (see following Procedures for Processing Water Use Applications). P. Sale of Water. The Bureau cannot charge a fee for the use of water originating on or under the public lands irrespective of whether the water in question is reserved, unreserved, or unapproprtateQ~or-1f-tITe-applicant-ts a holder of a State appropriative water right. The Congress, through the Desert Land Act and its predecessor acts, severed the water from the land and authorized the appropriation and use of unaporopriated water on the public domain by the States and private parties without charge by the United States. FLPMA does not change this provision of law. There are provisions in FLPMA such as section S04(b) that authorize and direct the Secretary to charge fair market value for the use of the land~fiat is needed-for a rignt-of-way to get to the water source on the public lands, but these provisions do not authorize BLM to also charge an additional fee for the use of the water. There is one specific exception to this policy and that is that water can be sold under the authority of the Oil and Gas Well Conversion Act of June 16, 1934, 30 DoS.C. 229a, from a~andoned oil and gas wells capable of producing water "of such quality and quantity as to be valuable and usable at a reasonable cost." This authority applies only to water reservations from abandoned oil and gas wells. No other authority has been found that provides a specific legal basis for selling water. . Procedures for Processing Water Use Applications The following is a brief outline of filing procedures which will allow the public to use water from a reserved or nonreserved public source on the public land. If this water is to be impounded, stored, transported, or distributed on or across the public lands, then, pursuant to Title V of FLP}~, a right- of-way (R/W) permit is required of the applicant. In conjunction with the R/W, a Notification of Proposed Water Use is filed concurrently with the R/W application. See Attachment I for a sample Notification form. Notification of Prooosed Water Use. All proposed water projects on the public lands require that a completed Notification form be submitted by the applicant, together with the R/W application, to the District Office having jurisdiction over the proposed project site. The District hydrologist receives the Notification form and makes the determination as to the availability of the water source for development and/or utilization. He further establishes whether the water source has been reserved by the Federal Government, or if the applicant should file for a State appropriative water right. No additional application forms are required if the water source under consideration will be used and had been reserved as (1) a stock driveway waterhole; (2) a mineral or medicinal spring; (3) a converted oil .