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<br />of the Flood Control Act of 1944 and identical provisions of <br />subsequent authorization and appropriation acts by congress, <br />applies with equal force as among each of these water uses as <br />well as among all of the uses identified in said Sec. l(b). <br /> <br />5. What may be determined concerning development and use of <br />the waters in the main stem of the Missouri River under provisions <br />of the Flood Control Act of 1944 applies with equal force and <br />effect to the waters of the tributaries of the Missouri River. <br /> <br />6. Water belongs to the public. Any claim of title or <br />ownership by government is valid only to the extent of control <br />and regulation for benefit of the public and does not constitute <br />a propriority ownership of the water in government. While water <br />captured and stored lawfully has many of the characteristics of <br />ownership in the entity having propriority ownership of the storage <br />works, such stored water is subject to use for public benefits. <br />Control and regulation of the public's water for public benefit <br />is a lawful function of government but title to or ownership of <br />water in government is limited to such control and regulation for <br />benefits to the public, individually or collectively. <br /> <br />LEGAL QUESTIONS <br /> <br />The issues currently before the States of the Missouri River <br />Basin States require resolution of some apparently unresolved <br />understandings among Federal agencies and the States. <br /> <br />Are there legal Objections or constraints pertaining to the <br />following concepts of the Federal and State responsibilities in <br />the development and use of the waters in streams in the Missouri <br />River Basin, including the Missouri River itself? <br /> <br />I. Analagous to State statutory water law terminology, it <br />may be said that Congress appropriated the waters of the Missouri <br />River Basin to accomplish Federal purposes. congress excluded <br />from such appropriation those streamflows, present and future, <br />that are used for purposes specified in Sec. l(b) of the Flood <br />control Act of 1944. While it is conceivable that Federal projects <br />may supply water for Sec. lIb) purposes from streamflows alone, <br />the essence of Federal development of the water resources of the <br />Basin is confined to storage of unused waters and release or <br />diversion therefrom to serve Federal purposes. Consequently, to <br />the extent that streamflows are or can be developed and used <br />without depending, in whole or in part, on stored water in <br />Federal reservoirs, such water supplies may be developEd and used <br />pursuant to respective State laws. Storable waters for Federal <br /> <br />3. <br />