WSP03920

• File Number: 8062
• Description: Federal Water Rights
• State: CO
• Basin: Statewide
• Date: 6/22/1979
• Author: WSWC
• Title: Solicitors Opinion Concerning Federal Reserved Water Rights
• Water Supply Pro - Doc Type: Report/Study

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granted the President In the PIckett Act.271 Section 10 of the 1916 Act,
formerly 43 U,S.C, ~ 300, provided, In pertinent part (emphasis added):

Lands containIng waterholes or other bodIes
of water needed or used by the oubl Ic for
waterlno purposes shal I not be designated
under sections 291-301 of this title but
may be reserved under the provisions of
sections 141-143 of this Title Lthe Pickett
ActJ and such lands, prior to December 29,
1916, or thereafter reserved shal I, whl Ie
so reserved, be kept and held open to the
public use for such purooses under such
general rules and reoulatJons as the
Secretary of the Interior may.prescrlbe

The Pickett Act authorized the President to withdraw lands for "other
public purposes" and the 1916 Act stated that reservations may be creBted
when "needed or used by the public for watering purposes" or "for such
purposes under such general rules and regulations as the Secretary of
the Interior may prescribe." The purposes for which the publ Ie may use
the water on these reserved water holes or other bodies of water under
sections 141 and 300 must therefore be determined by Interpretation
of these sections, thelr legIslative hIstory, ExecutIve Orders maklng
the withdrawals, and the regulations of the Department of the Interior
relating to these reservations..

271 43 U.S.C. 5 141, commonly referred to as the PIckett Act, was enacted
on rune 25, 1910, and provided (emphasis added):

The President may, at any time In hIs discre-
tion, temporarily withdraw from settle-
ment, location, sale, or entry any of the
public lands of the United States, Including
Alaska, and reserve the same for water-power
sites, Irrigation, classification of lands,
or other public ouroOSeS to be soeclfled
In the orders of wltndrawals, and such
withdrawals or reservations shal I remain In
force until revoked by him or by an Act of
Congress.

Pursuant to the authority granted by this sectIon, certain public water
reserves were created; ~, cubllc Water Reserve No. 19, Issued by
President Wilson on May 4, 1916. The PIckett Act was repealed by
sectIon 704(a) of the Federal Land Polley and Management Act (FLPMA),
43 U.S,C. ~ 1701 Note; however, existing withdrawals remain In force
untl I changed In accordance with the Act. ~ 701 (c); ~.

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