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<br />. <br /> <br />. <br /> <br />0236 <br /> <br />V. CONCLUSION <br /> <br />The Opinion M-369l4 fashioned a new theory on which to <br />base federal water rights. No court has ever sanctioned <br />that theqry.. To the contrary, recent Supreme Court deci- <br />sions in'my opinion leave no room for establishment of a new <br />exception to state jurisdiction over allocation of water <br />resources. \~ilile Congress unquestionably has the constitu- <br />tional power to control such allocation, it has defered such <br />decisions to the states, with the exception of reserved <br />rights and the navigation servitude. At the same time <br />Con0ress has given federal agencies ample authority to <br />acquire water rights for federal purposes pursuant to state <br />laws. <br /> <br />I conclude therefore that, except where Congress is <br />determined to have explicitly or impliedly reserved water to <br />accomplish the purposes for which land,; have been withdrawn <br />from the public domain, federal agencies must acquire water <br />rights in compliance with the substantive and procedural <br />provisions of state law. <br /> <br />-22- <br />