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<br />. <br /> <br />. <br /> <br />0016 <br /> <br />-22- <br /> <br />locatIon, sale or entry, and reserved <br />for publIc use In accordance with the <br />provisions of SectIon 10 of the Act of <br />Dec. 20, 1916 (39 Stat, 862), and in <br />aId of pending litigatIon. <br /> <br />.1:-~ <br /> <br />Following the Issuance of Public Water Reserve No. 107, Executive Order <br />of Aprl I 17, 1926, the Department of the InterIor adopted regulatIons <br />pursuant to the direction In section 10 that water holes are to be re- <br />served" . , . for such purposes under such general rules as the <br />Secretary of the Interior may prescrIbe. . . ." Those regulations <br />provIde In pertinent part that: <br /> <br />The executive order of Aprl I 17, 1926, <br />was designed to preserve for general <br />public use and benefit unreserved public <br />lands containIng water holes or other <br />bodies of water needed or used by the <br />publIc for watering purposes. It Is not <br />therefore to be construed as applying to <br />or reserving from homestead or other entry <br />tands havIng small sprIngs or water hotes <br />affording only enough water for the use of <br />one family and Its domestIc animals. It <br />withdraws those sprIngs and water holes <br />capable of providIng enough water for <br />general use for watering purposes.~1 <br /> <br />:':~i; <br /> <br />This blanket withdrawal had the effect of reserving not only the land, <br />but also the water for public use, see Jack A. Medd, 60 1.0, 83 at 99; <br />however, no specifIc purposes were set forth In this general wlthdra~al. <br />The 1926 withdrawal was made In response to the fact that, prior to <br />that time, effective control over vast areas of the public domain could <br />be, and In some cases was, gaIned merely by securing patents to sma I I <br /> <br />311 See 43 CFR 231 1.0-3(a)(2). The original regulatIons Issued with <br />respect to the Aprl I 17, 1926 ExecutIve Order were contained In Instruc- <br />tions Issued by the.Commlssioner of the General Land Office as CIrcular <br />No. 1066, May 25, 1926, 51 1.0. 457. The first paragraph of the <br />Instructions was substantially the same as the language quoted above. <br />The remaining part of the InstructIons required affidavits to be fl led <br />with every selection, filIng or entry stating that no such spring or <br />water hole existed within the boundaries of the land appl led for or within <br />one-quarter ml Ie of the external boundaries of the tract. Even though <br />43 U.S.C. H 141 and 300 were repealed by FLPMA, 5 701 (c) of that Ad <br />provides that al I existing withdrawals on the date of enactment shall <br />remain In force untl I changed In accordance with the Act. <br /> <br />--:; <br /> <br />., <br />