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.".. 0070 even with respect to water flowing over or arlslng on federally owned lands. With rare exceptions, Congress has not directly regulated the acquisition or use of water flo~ing over or arising on federal lands in the western states. The federal laws that have the greatest impact on state interests and state regulation of water rights are directions or authorizations to government agencies to construct projects, administer programs, manage property, and use water on federal lands. To the extent that a "federal" law of water rights exists -- i.~., rights that can be asserted under federal statutes without regard to state law -- it arises primarily because programs or projects on federal lands operated by federal agencies require the use of water, rather than because federal regulation of the uses of water overlaps with state regulation. As one commentator has noted: Most conflicts [between federal and state agencies] have come not from direct clashes between inconsistent laws applicable to the same subject of regulation, but from federal uses or operations which in particular applications do not mesh with state laws or private rights. [For example a] federal project may be illegal, or at least unauthorized, under state water law. A private use under state law may interfere with a federal use of water or of land. A federal use may destroy a state use. A federal program may encourage uses not provided for by state law. -. .. ", Trelease, "Federal-State Relations," supra n.6, at 56-57. Therefore, Congress' policies towards the settlement, disposition and management of federal lands in the western states provide the context for our consideration of the scope of federal water rights in those states. 1. Federal ownership of western lands The federal government was the original owner of substantially all the land that comprised the western territories. 21/ The 21/ Title to most of the western territories was obtained EY the United States from foreign powers through purchase and treaty during the first half of the nineteenth century. Generally, the terms of acquisition provided for recognition of the few existing private property rights, but granted title over the vast non-private lands to the United States. Texas was an exception, it was admitted by annexation in 1845, and retained title to all its public lands. See Morreale, "Federal- State Conflicts,. supra n.17, at 431 & n.41T Colum. Note, supra n.5, at 968-69 & nn. 8, 9. - 14 -