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<br />'_::'::'~~~ <br />" <br /> <br />. <br /> <br />. <br /> <br />-19- <br /> <br />,:, ~:'-. <br />'" ;. <br /> <br />.' <br /> <br />Congress, pursuant to Its power to provIde for the management of <br />federal lands under the Property Clause and Its au~horlty to appro- <br />priate funds for carrying out the mandated land management Objec- <br />tives, can appropriate funds for the use of the land management <br />agencIes to purchase water rights needed to carry out Congress' <br />dlrectlves.23/ Water rights are sometImes purchased. along with the <br />land, when establishing such areas as fIsh and wi Idllfe preserves. <br />The United States also has the authority to exchange parcels of land <br />or other property Interests wIth non-federal parties or accept dona- <br />tIons of land and Interests therein. This Includes the right to <br />exchange lands carryIng water rIghts or the water rights themselves.24/ <br /> <br />FInally, the United States, as an Incident of sovereignty, may condemn <br />lands or Interests therein when necessary to carry out federal pro~ <br />grams, Kohl v. United States, 91 U.S. 367 (1875). This power of <br />condemnation Includes the condemnation of water rights. Du~an v. Rank, <br />372 U.S. 609 (1962). <br /> <br />IV., RESERVED WATER RIGHTS APPLICABLE TO AREAS ADMINISTERED BY <br />BlM <br /> <br />ThIs sectIon dIscusses the reserved water rIghts doctrIne as app\ led to <br />BlM lands. The most Important reservations admInistered by the 8lM Which <br />have judicially recognized reserved water rights are public springs <br />and water holes reserved under 43 U.S.C. ~~ 141, 300 and 30 U.S.C. <br />~ 229a.25/ <br /> <br />A. Publ Ie Water Holes and Sprinos <br /> <br />;~~.~'-'-'i I. Statutory Backoround and leg I slat I ve H I story. <br /> <br />In the Act of December 29, 1916,26/ Congress directly addressed the <br />reservation of public springs an~water holes and specifically Included <br />them as avaIlable for reservatIon under the broad authority previously <br /> <br />.~ <br /> <br />23/ See, e.o., 16 U.S.C. H 17j-2, 715a, 718d, 1277. <br /> <br />24/ See.~, 16 U.S,C. ~ 1277, <br /> <br />25/ In the matter of the Apol Icatlon of Water Rlohts of the United <br />states of America, Colo. Water Olvs. 4, 5. 6, p. 38, et seB" Opinion <br />of Judge Stewart (March 15, 1978),apoeal pending (Nos. 79-SA99 and 100, <br />Colo. Sup.. Ct.). <br /> <br />26/ 43 U,S.C. ~ 291 et ~, <br />