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<br />0'2.16 <br /> <br />. <br /> <br />. <br /> <br />The Opinion admits that the Supreme Court has never <br />sanctioned such uses by the federal government, and refers <br />instead to "inconsistent dictum (sic) on this subject." ::../ <br /> <br />The Western States vigorously opposed the assertion of <br />such federal water rights, which could be acquired without <br />reliance upon the reservation doctrine and without reference <br />to state water law. 6/ In response to these concerns, the <br />Secretary, following-consultation with the Governors of the <br />Western States, decided against general implementation of <br />the Opinion on this issue, 7/ Nevertheless, the Secretary <br />determined that Interior agencies retained the prerogative <br />to assert such non-reserved water right claims when deemed <br />necessary to protect the interests of the United States in <br />litigation, or if approved at least at the Assistant Secre- <br />tary level. ~/ <br /> <br />Subsequent.ly, on January 16, 1981, a memorandum was <br />issued as a supplement to the earlier Opinion, which re- <br />affirmed the existence of federal non-reserved water rights <br />and provided further explanation as to their legal basis and <br />the procedures to be used for the assertion of such rights <br />in ongoing adjudication proceedings and negotiations. ~/ <br /> <br />There continues to be much uncertainty concerning the <br />alleged existence of non-reserved federal water rights among <br />the federal agencies. This uncertainty is hampering the <br />efforts of these agencies in identifying, establishing, and <br />quantifying federal water rights. Moreover, the debate <br />regarding the assertion of these rights has been dilatory <br />with respect to improving federal/state relations in water <br />resource management. .!.Q/ <br /> <br />::../ <br />if <br /> <br />J./ <br /> <br />y <br />2/ <br /> <br />Id. at 569 <br /> <br />D. Freudenthal, Federal Non-Reserved Water Rights, 15 <br />Land and Water L. Rev, 66 (1980) <br /> <br />This decision was announced in a letter dated February <br />4, 1980 to Governors Matheson of Utah and Hershler of <br />Wyoming. <br /> <br />Id. <br /> <br />Memorandum from Solicitor Clyde O. Martz entitled <br />"Supplement to Solicitor Opinion No. M-36914, on <br />Federal Water Rights of the National Park Service, <br />Fish and wildlife Service, Bureau of Reclamation <br />and the Bureau of Land Management (January 16, 1981). <br /> <br />10/ See D, Freudenthal, supra note 6 at' 66. <br /> <br />-2- <br />