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<br />.OO2r13J <br /> <br />. <br /> <br />. <br /> <br />(To be added at the end of the last paragraph on page 6.1 <br /> <br />Downstream .ater users "ould also be adversely affected in <br />t~at the right to transfer an existing point of diversion upstream <br />would be denied to th~ extent that it caus8~ interference with <br />the instream flow use. <br /> <br />(Additional material to b~ added at the bottom of page 6.1 <br /> <br />In any event it is clear that non-reserved fed2ral rights do not <br />exist. If they did exist the Court never would have had to <br />distinguish bct\<een publ ic domain and reserv"d lands, and the <br />development of the reservation doctrine would have been unnecessary. <br />Further, United States v. :':''''1 i:e>:ico specifically held that the <br />reservation doctrine is the only ex~eption to tha relinquishment <br />of plenary control over non-navigable western waters to the <br />individual states. <br />