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<br />. <br /> <br />. <br /> <br />0258 <br /> <br />(To be added at the end of the last paragraph on page 6.) <br /> <br />Downstream water users would also be adversely affected in <br />t~at the rIght to transfer an exIsting point of diversion upstream <br />would be denied to the extent that it caused interference with <br />the instream flow use. <br /> <br /><Additional material to be added at the bottom of page 6.) <br /> <br />In any event It is clear that non-reserved federal rights do not <br />exist. If they did exist the Court nav er would have had to <br />distinguIsh between publ Ie domain and reserved lands, and the <br />development of the reservation doctrine would have been unnecessary. <br />Further, United States v. New ~exico specifically held that the <br />reservation doctrine is the only exception to the relinqulshnent <br />of plenary control over non-navigable western waters to the <br />individual states. <br />