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. . 0023 -36- the deposits of 01 I shale. and lands con- taining such deposits owned by the United States, be, and the same are hereby. temporarily wIthdrawn from lease and other dIsposal and reserved for the purposes of Investigation, examination. and classifIcation. :;.~.~ Under the "specl f Ie purpose" test formu lated In New Mexico, SUDra, It appears that these 01\ shale withdrawals also wIthdrew enough water as Is reasonably necessary for the "purposes of Investigation. examinatIon and classIfIcation." The InvestigatIon and examination of these 01 I Shale-bearIng lands are preliminary steps to classifying these lands as valuable for oIl shale development. I fInd nothIng, however. In Executive Order 5327 which would permit the Inference of an Intent to reserve water for actual 01 I shale development. Thus, I conclude that, while there Is an Inferred Intent to reserve waters reasonably neces- sary for preliminary Investigation, examination and classification of all Shale-bearIng lands, ExecutIve Order 5327 does not, by 1tself, create any reserved water rIghts for the development of 01 I shale In the withdrawn area.69/ :-::.:c-=~ 69/ My conclusion Is shared by the commentators. For example: [The Executive Order's] purposes are clearly stated: Investigation. examina- tion and classifIcation. There Is no mentIon of water, and, more significantly, none of 01 I shale development. The language of the order cannot support a conclusion that development was Intended, and It cannot be Inferred from the mere act of withdrawal as Is possible for the 011 shale reserves. Thus the argument that al I federal 01 I shale lands carry with them their own pro- tected water supply, Intriguing though It may be, must fall. Holland. "MIxing Ot I and Water: The Effect of Preval t lng Water La\1 Doctrines on OIl Shale Development," 52 Denver L. Rev. 657, 688 (1975) . -'0"' " ;:'~ .-...:,