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<br />. <br /> <br />. <br /> <br />-37- <br /> <br />.,'- , <br />~. .. <br /> <br />5. The Taylor Grazln~ Act 70/ <br /> <br />The Taylor GrazIng Act establIshed a comprehensIve program whIch allows <br />IndivIdual stockralsers to use the public lands for grazing. Congress <br />dIrected that BLM manage the public dom~ln for grazing purposes so as <br /> <br />-..,:.-;-:.~~.: <br /> <br />to regulate theIr occupancy and use, to preserve <br />the land and Its resources from destructlcn or <br />unnecessary Injury, to provIde for the orderly <br />use, Improvement and development of the range; <br />and. . , to continue the study of erosion and <br />flood control and to perform such work as may <br />be necessary amply to protect and rehabilitate <br />[the publIc domaln].21/ <br /> <br />The Taylor Grazing Act dId not reserve any land frcm the publIc domain, <br />but rather authorIzed the Secretary to manage the publIc lands for graz- <br />Ing "[I]n order to promote the highest use of the public lands pendIng <br />Its f I na I d I sposa I . . ,"72/ Moreover, Congress spec I fIca Ily prov I ded <br />In 43 U.S.C. ~ 315b, In pertinent part, that <br /> <br />nothIng In thIs Act shall. . . diminish or <br />ImpaIr any right to the possessIon or use of <br />water. . . which has heretofore vested or <br />accrued under existing law valIdly affecting <br />the publIc lands or which may be hereafter <br />Initiated or acquired and maIntained In accord- <br />.ance with such law. <br /> <br />Therefore, no reserved water rights were thus created by the Act. <br /> <br />6. O&C Act <br /> <br />The Oregon and California RaIlroad Lands and Coos Bay Wagon Road Lands <br />l"O&C lands") were orIginally part of the public domain whIch Congress <br />granted to the Oregon and CalifornIa Railroad Ccmpany pursuant to the <br />Act of July 25, 1866 (14 Stat. 239) to build a railroad and to the <br />Coos Bay Wagon Road Company pursuant to the Act of March 3, 1869 <br /><Stat L., XV 340-341) to build a wagon road, The grant was subject to <br /> <br />70/ 43 U.S.C. ~ 315 et ~. <br />21/ 43 U.S.C. ~ 315a. <br />72/ 43 U.S.C. ~ 315. <br /> <br />..~~ <br /> <br />. ;."j <br />