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<br />. <br /> <br />. <br /> <br />0254 <br /> <br />(" <br /> <br />1NI'RCDucrrON <br /> <br />The twelve western states, rrernbers of the Western States Water <br />Council, . . express the following ~. " observations <br />concerning the 77 page Task Force rep:>rt, released by the President's <br />water policy implementing team in June of 1979. <br /> <br />The detailed canrrents which will follow this intrcduction are <br />intended to be constructive and helpful and are directed specifically to <br />the various sections of the report and the many recarmendations mde by <br />the. Task Force. However, it v.ould be inappropriate to make these con- <br />structive suggestions without preliminary camrent regarding the setting <br />and atmosphere which the western states sense as they make these canrrents. <br /> <br />fure than two years ago, the President announced his. intentions to <br />institute significant water policy refonn. The states were concerned <br />that there ~JOUld be an encroachment upon areas of state responsibility <br />and those fears were heightened by initial wide sweeping options that <br />were published by the federal government. <br /> <br />( <br /> <br />The water rights area was the area in \vhich the western states felt <br />the most concern. The many m:>nths of deliberations allo.ved for a great <br />number of rreetings and the exchange of many ideas. Much has been <br />aCCClTIplished to eliminate proposals that would not be in the interest <br />of either the states or the federal government. Still, there lingers <br />the concern CNer the potential encroachment into the area of states' <br />responsibilities. On several occasions, federal officials given specific <br />responsibili ty for the implementation of the President's refonn, have <br />assured the states that the water right doctrines of the various states <br />will be respected. Assurances have been given by the Assistant Secretary <br />of Interior far Water and L3n:J., by the Secretary of Interior, and by the <br />Vice:"President. However, l:ecause of continuing concern expressed by <br />officials of western states, including \vestem governors, the President <br />met with the gCNernors and stated, "r want to make clear frcm the very <br />beginning that there absolutely will be no preemption of state or private <br />prerogatives in the use of management of water. This is not the purpose <br />of the policy at all." This assurance by the President addresse:l. the <br />total spectrum of \Vclter management and did not limit his pranise to the <br />question of state-federal water rights. <br /> <br />( <br /> <br />This premise was welcaned by western governors and did much to <br />facilitate further cooperation arrDn; state and federal officials v.orking <br />on the details of the potential refonn effort in the water right area. <br />This built on a previous presidential staterrEnt which indicated that the <br />federal goverrmrant would be willing "to negotiate in the area of reserved <br />water rights and settle such rights in an orderly and final manner, <br />seeking a b3.1ance with conflicting and establishe:l. water uses." The <br />President went on to say that agencies are to, "Utilize a reasonable <br />standard when asserting federal reserved rights which reflect true <br />federal needs rather than theoretical and hypothetical needs b3.sed on <br />the full legal extension of all possible rights. In consultation with <br />the Department of Justice, each of you shall develop procedures and <br />standards far the purpose of implementing these directives." <br />