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. C-f ~ ~/ To: Secretary UNITED STATES DEPARTMENT OF THE:: INTERIOR OFFICE OF THE SOLICITOR WASHINGTON. D.C. 20240 fl[i!@D ~/ J.~!21rr\?[JR,n L... JUL 05 1979 I COLO ,J CONSER VA f. , TiON BOARD Memorandum ~:..~~~ From: Sol Ieltor Subject: <:federal W~TPr Rlaht~f the National Park Service, Fish and Wildt Ite Service, Bureau of Reclamation and the Bureau of Land Management I . I NTRODUCT I ON This opinion discusses the nature and extent of the United States' rights to use water on the iederal lands administered by the National Park Service (NPS), Fish and Wi Idllfe Service (FWSl, Bureau of ReclamatIon (Reclamation), and the Bureau of Land ~~n5aement (BL~) within the United States Department of the InTerior. The President's Water Policy message (June 6, 1978) and subsequent memorandum to you (July 12, 1978) directed the Department to expedItIously Identify, establ Ish and quantify Its non-Indian federal reserved water rights. As a part of this effort, my office has undertaken a compreh~nslve analysis of the reserved water rights which may be asserted on the federal lands administered by NPS, FWS, Reclamation and BLM.I/ My staff has also analyzed other (noo- reserved) federal water rights, This opInion summarizes my legal conclusions, II. NATURE OF FEDERAL-STATE RELATIONS IN DETERMINING wATER RIGHTS The westward expansion of the United States resulted from cessions by various foreign natIons, through which the United States obtained owner- ship of the lands new comprising the western stztes and ownership of all rights appurtenant to the lands, except these Interests In lands and appurtenant rights established under previous sovereigns. Borax Consolidated, Ltd. v. Los Anaeles, 296 U,S. 10, 15-16 (1935); Kn!~! v. United States Land Assn., 142 U.S, 161, 183-184 (1891). 1/ None of the other buresus or agencIes within the Department of the Interior administer significant cmounts, If any, of lands for whlch a reserved water right may be claimed. This opinion does not deal with reserved water rights which may be claimed on behalf of Indians. :,.,:;.,.