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2123 . INTERSTATE CONFERENCE ON WATER PROBLEMS SPECIAL TASK FORCE REPORT ON THE PROPOSED FEDERAL WATER RIGHTS LEGISLATION PART I INTRODUCTION The Interstate Conference on Water Problems membership and Executive Com- mittee determined that the organization should undertake a continuing effort to provide review, analysis and comments on the June 1974 draft federal water rights legislation prepared by the U.S. Department of Justice. A Special Task Force was established which included representation from both appropriative and ripar- ian states since there is common concern about the implications of the proposed legislation and the detrimental impact it would have on ongoing water resources administration and planning programs. This report presents the findings of the Special Task Force. A tabulation of state responses to the 25 "problem areas" identified by the Special Task Force is shown in Part III of this report. The stated purpose of the bill is: liTo provide for the inventorying and quantification of the reserved, appropriative, and other rights to the use of water by the United States, and for other purposes." The states have, and will continue, to seek clarification and some degree of finality to federal water use claims. The recommendations of the National Water Commission Report and the Public Land Law review Commission report were, for the most part, ignored by the Justice Department in drafting the June 1974 bill. The draft bill does not accomplish the stated purpose. The ICWP Task Force identified 25 specific "problem areas" in the draft legislation. In Part II of this report, a separate analysis, prepared by the Task Force, is presented on each of the objectionable problem areas. States were asked to review this material, and to indicate on an enclosed form whether they agreed, disagreed, or had no comment on the argument prepared by the Task Force for the particular problem area. Objections ID, IF, and 2A have been revised slightly for clarity and to incorporate review comments received by several states. States were also asked to indicate those elements which they viewed as necessary to be included in any bill which might be prepared on this subject. A draft bill incorporating state views will be prepared by this fall and cir- culated for state comments. It is not certain at this time, when (or if) the draft bill or a substitute bill might be introduced for Congressional action. Through your cooperation, ICWP will be ready to take appropriate action should the need arise. This report has been made available to the U.S. Water Resources Council and other appropriate Congressional and federal entities. (1)