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0261 . . of filing the notice of claim, if the reserved right as claimed is later found by a court not to exist. The TaskForce says that the states have incentive to follow this procedure in order to avoid alternatives (b) and. (d) set out in the previous paragraph. The solution to the problem which the states are asked to accept denonstrates less than a full appreciation for how rrost state systems are operated. For states operating under a marrlatory permit system, it is generally not possible for the state to assign to a new permit right a priority date other than the date of filing of the application for permit. Prior to a state having adopted a mandatory permit system, it is possible to have established a water right with a priority dating fran first application of the water to beneficial use. This distinc- tion perhaps explaulS the diverse treat::m=nt which the Task Force says federal agencies have received fran the states. Lastly, the reccmrrerrlation of the Task Force that the federal agencies and the individual states sit dam and agree on the procedures to re followed in notifying each state of all federal rese:rved right clairns should b3 welo:med by all parties. C. CUt-Off Date for Assertion of N8\'1 Rese:rved Rights on EKisting Reservations 7. The policy statement enphasizes quantification. Certainty as to federal reserved water rights is highly desirable. Ila,ever, the quantification process described in the staterrent falls far short of the desired objective. Qlantification carmot re achieved by the federal government rrerely setting forth what it claims even if tJ1ey are set forth in precise fOrrrD.lla. Quantification in the desired sense can only be reached through the vehicle of adju:lication in sane judicial or quasi-judicial testing process. Normally the general adjudication process as that term is generally understood in western water law, should be the vehicle followed to obtain quantification of federal water rights. Asstnning the desirability of quantification as the tenn is used in the report, the Western States Water CoWlcil relieves the policy of cutting off or detenning not to assert reserved rights which are not identifie:i under the "quantification of use" by the governrrent, is a -9- _+._._.._. ____._~.~~ ...___~___._______. .. .___ ~______.'._ __. __ __._____ _'n_ __. I 'I I I I , I I , '--''''-''-'--',----...