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WSP03270
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Last modified
1/26/2010 12:49:31 PM
Creation date
10/11/2006 11:37:51 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8062
Description
Federal Reserved Water Rights
State
CO
Basin
Statewide
Date
5/1/1975
Author
ICWP
Title
Final Report of the Interstate Conference On Water Problems - Special Task Force on the Proposed Federal Water Rights Legislation
Water Supply Pro - Doc Type
Report/Study
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<br />2136 <br /> <br />8. The three year statute of limitations as now provided in the draft <br />legislation for appeals from a federal water right claim should be removed or <br />extended to at least a ten year period. <br /> <br />9. <br />accepted <br />states. <br /> <br />The bill should specifically recognize Interstate Compacts as the <br />method for dealing with water rights which involve two or more <br /> <br />10. The bill should provide for specific language which would ensure that <br />the McCarran Amendment is not repealed but would permit an amendment to allow <br />for suits against the United States in riparian states even though such states <br />do not have comprehensive schemes for adjudicating water rights on an entire <br />watershed. <br /> <br />11. The bill should include provision for inventory of claims based on <br />rigid criteria to assure that the potential demands under such claims are realis- <br />tic, justified, and determinate. <br /> <br />12. The objections, as identified by the IO;P Special Task Force Report, <br />should be resolved and dealt with in any proposed legislation. <br /> <br />A continuing assignment of the ICWP Special Task Force is to prepare draft <br />legislation which would incorporate, to the extent possible, state comments on <br />the acceptable provisions to be included in any bill in this issue. When com- <br />pleted, the draft legislation will be sent to all states for their review and <br />comment. The Task Force intends to work.closely with the states and other in- <br />terested groups in the drafting of the legislation. It is hoped that the listing <br />of key concerns and the elements which states wish to see included in an <br />acceptable bill will provide guidance to the U.S. Water Resources Council, Con- <br />gressional and Federal entities. <br /> <br />The favorable reception of the ICWP Task Force report and the large state <br />response clearly indicates a massive rejection by the states of the basic <br />direction followed by the U.S. Justice Department in drafting the bill. Any <br />new proposed legislation of this type should follow more closely the general <br />concepts outlined above and those presented in the National Water Commission <br />and Public Land Law Review reports. <br /> <br />(27) <br />
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