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<br />5, The Order withdraws, by operation of law, lands which become
<br />of the character contemplated In the order subsequent to the date of
<br />the order; I,e., vacant, unappropriated, unreserved public lands upon
<br />which springs or water holes, as defined herein, come Into existence
<br />after April 17, 1926. (See also para. 8; Infra.)
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<br />6. The Order withdraws, by operation of law, any vacant, unappro-
<br />prlated, unreserved public land upon which Is located a spring or water -
<br />hole, as defined herein, and for which a private vested right to use
<br />al I of such water under applicable state law, custom and usage has pre-
<br />viously existed; upon abandonment or forfeiture of that state water right
<br />under the terms of the appl icable state law, custom or usage, Of course,
<br />a person holding a valid, vested private right to use water of a spring
<br />or water hole on vacant, unappropriated, unreserved public lands may
<br />transfer that right In accordance with the applicable state law, but
<br />no private right can be perfected after abandonment or forfeiture of
<br />a right: I.e., the withdrawal attaches immediately upon forfeiture or
<br />abandonment.
<br />7. The Order has withdrawn all lands containing springs and
<br />water holes, as defined, and subject to the I Imitations set forth above,
<br />regardless of whether the water source has been the subject of an
<br />official finding as to Its existence and location.
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<br />8. The priority date for the pUblic right to use the waters of a
<br />spring or water hole withdrawn by the Order Is Aprl I 17, 1926 for
<br />all public springs or water holes existing on that date. Those public
<br />springs and water holes that naturally come Into existence at a later
<br />date are wl'~hdrawn when they come Into existence.
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<br />9. Any action taken by a private party who did not have a
<br />vested state water right prior to Aprl I 17, 1926 or had not received
<br />appropriate permission from the United States subsequent to that date
<br />to make use of a public water hole or spring withdrawn by the Order
<br />Is a nullity and of no force and effect. Any entry onto the reserved
<br />land for such purpose constitutes a trespass.
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<br />10. The purposes for which water Is reserved under the 1926 Order
<br />are (a) stockwaterlng, (b) human consumption, (c) agriculture and Irri-
<br />gation, Including sustaining fish, wildlife and plants as a food and
<br />forage sources, and (d) flood, soil, fire and erosion control.
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<br />I (, Because- the Federal Land Polley and Management Act of 1976,
<br />43 U,S.C. 5 1701 et sea.. (FLPMAl, repealed both authorizing statutes
<br />under which the Aprlr-/7, 1926 Order was Issued,52/ springs and water
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<br />52/ Section 10 of the Act of December 29, 1916 (formerly 43 U.S.C, 5 300)
<br />and the Pickett Act. 43 U.S.C. ~ 141, were repealed by FLPMA's section
<br />.704(a) .
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