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. . .... II ,". . .' ,- -23- .. ~ .- ~ tracts surrounding aval lable water sources of a given area. By control- ling access to the available water, a person could effectively retain exclusive use of great expanses of public lands. Stated another way, the water Is often the key to the use of the land and la~d Is the key to gaining access to the water. !!:-;.~J~ The 1926 reservation was designed to prevent this private monopolization of water on the public domain. The means used was the traditional and most effective way of preserving resources on the public domain, I.e, restricting entry by withdrawing the land and thus maintaining the ;ater thereon open and free for public use, After the withdrawal, therefore, a party desiring to use the water either on or off the reservation would be required to obtain permission to do so from the United States through some form of permit. The permitting process al lowed the United States to determine that the proposed use was In the public Interest and not In derogation of the purposes of the reservation. 3. Purposes of the 1926 Withdrawal The 1916 Act referred to water holes "needed or used by the public for watering purposes," and authorized the reservation "for such purposes . . . as the Secretary of the Interior may prescribe," The 1926 Order reserved the water holes "for public use." It Is obvious that the purposes for which the public water holes and springs were withdrawn Include stock watering and human consumptlon.321 .~-~-:,;,:-i7j - We mu st, hOI,ever, ex~m I ne whether other purpc,.e,s were a I so contemp I ated by the withdrawals. Such other purposes arguably might Include, among other things, wi Idl Ife watering; range Improvement, protection and management; agr I cul~ur~_1 I ~r I gat Ion; and watershed protect 1 on. The language and legislative history of the public springs and water hole withdrawals, as wel I as the Departmental regulations, compel a con- clusion that the purposes for which public springs and water holes were withdrawn were relatively narrow and specific. Water was, however, needed for purposes other than stockwaterlng and human consumption on the public lands that were Intended to be homesteaded and patented pursuant to section 10 of the 1916 Act. Water was also needed for additional purposes on the 'unpatented public domain surrounding these soon-to-be-prlvate lands that would be used by the Influx of new set- tlers and homesteaders for livestock grazing and other uses, I am therefore of the opinion that those other purposes Include only II) water for growing crops and sustaining fish and wi Idllfe to allow the settlers on the public land to obtain food for their faml lies 321 Colo. 4, 5, 6, suora at 40. "'-.. . ......,,: -.,-.-.......