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Last modified
1/26/2010 12:52:49 PM
Creation date
10/12/2006 12:02:25 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8062
Description
Federal Water Rights
State
CO
Basin
Statewide
Date
6/22/1979
Author
WSWC
Title
Solicitors Opinion Concerning Federal Reserved Water Rights
Water Supply Pro - Doc Type
Report/Study
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<br />. <br /> <br />. <br /> <br />\. ~',... ". <br /> <br />-39- <br /> <br />, '. <br /> <br />\ <br /> <br />to the Taylor Grazing Act of June 28, 1934,"77/ and Its purposes were <br />declared to be "supplemental to the purposestor which public lands have <br />been designated, acquired, withdrawn, reserved, held, or admlnlstered."78/ <br /> <br />~;~9 <br /> <br />Slnce I have determined that the Taylor Grazing Act did not effect the <br />reservatIon of any water, findIng a reservation of water In any classi- <br />fication under the ClassifIcation and MultIple Use Act would clearly <br />be Inconsistent with the Taylor GrazIng Act. Therefore, lands classified <br />under that Act do not have reserved water rIghts. <br /> <br />8, Wild Horse Ranaes <br /> <br />The Act of December 15, 1971 79/ authorizes and dIrects the Secretary <br />"to protect and manage w II d free-roaml ng horses an d burros as components <br />of the public lands" and furthermore provides that he "may designate <br />.and maintain specific ranges on public lands as sanctuaries for their <br />protection and preservation, "80/ The Act does not authorize the wIthdrawal <br />or reservation of public landS-for these ranges, but says that such lands <br />are to be "principally" devoted to providing for the welfare of the <br />wild horses and burros. <br /> <br />It Is clear that the animals sought to be protected by this Act need <br />drinking water, but the mere designation of such sanctuaries does not. <br />effect a reservation of water for the purpose of wi Id horse and burro <br />d:-I nk I r.g, <br /> <br />:":.':~~:I <br /> <br />77/ 43 U.S.C~ ~ 315, <br />78/ 43 U.S.C. ~ 1416. <br />79/ 16 U.S.C. ~ 1333 et ~. <br /> <br />80/ "Range" Is defined by the Act, 16 U,S.C. ~ 1332(c), as follows: <br /> <br />the amount of land necessary to sustain an <br />existing herd or herds of wild free-roaming <br />horses and burros, which does not exceed their <br />known territorial limits, and which Is devoted <br />principally but not necessarily exclusIvely <br />to their welfare In keeping with the multlple- <br />use management concept for the public lands. <br /> <br />~:.' <br />
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