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WSP06802
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Last modified
1/26/2010 2:24:25 PM
Creation date
10/12/2006 1:52:55 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8062
Description
Federal Water Rights
State
CO
Basin
Statewide
Date
6/16/1982
Author
USDOJ
Title
Federal Non-Reserved Water Rights
Water Supply Pro - Doc Type
Report/Study
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<br />~ <br />0013 <br /> <br />The terms "public domain" and "reserved lands" are most <br />often used to refer to land that has been owned ~ontinuously <br />by the federal government. There is a third category of <br />federally owned land that includes lands acquired by the <br />federal government from private ownership py purchase, <br />exchange, gift, or condemnation pursuant to statutory authori- <br />zation. See, e.g., 43 U.S.C. S 315g(c) & (d) (grazing lands); <br />16 U.S.C.-S-515 et seq. (national forest lands). These <br />"acquired" lands-may become part of the public domain, or <br />may be set aside for specific federal purposes in the same <br />manner as reserved lands. When acquired lands are set aside, <br />they are not characterized as reserved lands, because they <br />were not, strictly speaking, reserved from existing <br />public domain lands. They are nonetheless usually managed <br />under the same statutory authority and for the same purposes <br />as reserved lands, 30/ and therefore for most purposes can <br />be considered as part of a federal reservation. See <br />Rawson v. United States, 225 F.2d 855, 856 (9th C~ 1955), <br />cert. denied, 350 U.S. 934 (1956) ("It may be stated as a <br />unIVersal proposition that patented lands reacquired by the <br />United States are not by mere force of the reacquisition <br />restored to the public domain. Absent legiSlative or <br />authoritative directions to the contrary, they remain in the <br />class of lands acquired for special uses, such as parks, <br />national monuments, and the like. . . ."); Thompson v. <br />United States, 308 F.2d 628, 632 (9th Cir. 1962). <br /> <br />Until the end of the nineteenth century, federal policy <br />emphasized and encouraged settlement and transfer of the public <br />lands to private ownership. See Comment, "Federal Non-Reserved <br />Water Rights," 15 Land and Water L. Rev. 67, 69 (1980); <br />1 Clark, supra, S 20.2. Since that time, however, federal <br />policy has sh~fted increasingly towards conservation and retention <br />of land in federal ownership and management. The emphasis <br />on retention of lands in federal ownership began around the <br />turn of the century, with establishment by Congress of several <br />national parks and forests, and passage of statutes of general <br />applicability authorizing the reservation of federally owned <br />land for national forests, parks and historic monuments, 31/ <br />and authorizing management of public domain land to promote <br />purposes such as grazing or wide use of the resources on <br />such lands. 32/ In addition, the federal government began to <br /> <br />30/ For example, S 521 of the Forest Service statute provides <br />tnat acquired forest service lands "shall be permanently <br />reserved, held and administered as national forest lands <br />under the provisions of section 47l of this title and Acts <br />supplemental to and amendatory thereof." 16 U.S.C. S 521. <br /> <br />31/ See nn. 25, 26 supra. <br />32/ See n.24 supra. <br /> <br />- 17 - <br />
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