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.... '-""-:::. . . -15- , I B. Federal Water Rlahts Obtained Through Approorlatlon and Use For Conaresslonally-Authorlzed Purooses The land management agencIes of the Department of the Interior have, throughout their history, appropriated water on the lands they adminis- ter to carry out congressionally-authorized or mandated programs. This appropriation of water -- Its actual application to a federal use -- Is necessary to carry out the secondary uses for whIch many federal reserva- tions are adminIstered, It Is also essential for the management and admInistration of non-r-eserved federal lands. No opinion on the water rIghts of the land management agencies of this Department would be complete without the dIscussion that follows on the non-reserved water rights of this Department. Even though federal reserved rights have receIved the greatest judicial and political attention, the United States also has the right to appro- priate water on Its own property for congressionally-authorIzed uses, whether or not such uses are part of any "reservation" of the land, -0 This rIght to use water for congressionally-sanctIoned purposes Is not a "reserved" rIght. That Is, It does not arise by Implication from the reservatIon of land for partIcular purposes, but Instead arises from actual use of unapproprIated water by the United States to carry out congresslonal/y-authcrl:ed management objectives on federal lands, Unlike the reserved rIght, this federal right to appropriate water (like al I state-recognized appropriatIve rlgh!;J-may-not_Rre-date, In priority, the date action Is taken leadIng ~an actual use, whether consumpflve or--n-o -consumo Ive, and ma'l no _~ a e~t nthe. .Iqhts est~b- ilshed under state law:- The time of Its actual Initiation and the pur- ~pose-and quantity of the use-establish lImItatIons on the extent of the fight. -- .-- The exIstence of the right Is supported by case law and a previous SolicItor's opinIon. See discussion and cases cited at pp, 7-1 I, ~ and United States v. DTStrlct Court for Eaole County, ~, at 524; State of Nevada ex rei. Shamberoer v. United StaTes. 165 F. Supp. 600 (0, Nev, (1958) (dictum); aff'd on other orounds 279 F.2d 699 (1960); Sol. Op. M-33969. "Compliance by the Department with State Laws Concerning [footnote continued] acquired lands through methods other than assertIon of a reserved water right. Compare C. Wheatley, "Study of the Development, Management, and Use of Water Resources on the Public Lands," 83 (\969); Corker, "Water Rights and Federallsm--The Western Water Rights Settlement Bill of 1957," 45 Calif. L. Rev. 604, 612 (1957); Tarlock and TIppy, "The Wild and Scenic Rivers Act of 1968," 55 Cornell L. Rev. 707, 735-36 (1970); with Federal Reserved Water Rlohts Task Grouo Report (prepared for Water Resources Policy Stuay, Novemoer 7, 1977), 7-8. A corollary Issue not discussed Is the applicatIon of the reserved water rights doctrine In non-public domain states.