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<br />0093 <br /> <br />at 669 n.21. ~/ <br /> <br />c. Administrative practice and interpret~tions <br /> <br />Because the Supreme Court and Congress have not defini- <br />tively answered many of the questions in the area of federal- <br />state water rights, administrative practice and interpretation <br />by the federal land management agencies have served to fill some <br />of the interstices. We understand that there has never been a <br />uniform policy among the agencies with primary responsibility <br />OVer federal lands regarding the extent to which the federal <br />government should or would comply with state laws and procedures <br />in acquiring water rights or give notice to appropriate state <br />agencies or officials of the water needs and uses of the <br />agency. 59/ Agencies have participated in general stream <br />adjudications, at least since passage of the McCarran Amendment <br />in 1952, 60/ and have litigated water rights in individual <br />cases, bu~have not developed wholly consi.stent policies as <br />to whether they should file all water right claims with state <br />agencies. See Report of Federal Task Force on Non-Indian <br />Reserved Rights at 35 (Government Printing Office 1980) <br />(hereinafter cited as "Task Force Report"). For example, the <br />Forest Service and Fish and wildlife Service, at least since <br /> <br />.' <br /> <br />58/ On remand, the District Court found that certain conditions <br />imposed by the California Board on the amount and purposes <br />of water to be appropriated, the times of the year in which <br />water could be appropriated, and the distribution of water <br />outside certain counties were not inconsistent with Congress' <br />purpose in authorizing the New Melones project. Other conditions, <br />for example, those imposing limitations on the use of impounded <br />water for the production of power were rejected as inconsistent <br />with the congressional intent. United States v. California, <br />509 F. Supp. 867 (E.D. Cal. 19B1). Cross-appeals were filed <br />in the Ninth Circuit. Those appeals have been briefed and <br />argued and are pending decision. United States v. State of <br />California, C.A. Nos. 81-4189 and 81-4309 (appeals docketed <br />April 10, 19B1, and June 5, 19B1). <br /> <br />59/ These agencies include, most importantly, the Department <br />of the Interior, which has jurisdiction over all public <br />domain lands and some reserved lands, such as national parks, <br />refuges, and wilderness areas; the Department of Agriculture, <br />which, through its Forest Service, has jurisdiction over the <br />national forests; and the Department of Defense, which has <br />jurisdiction over military bases and reservations and, through <br />the Army Corps of Engineers, over flood control and navigational <br />public works. <br /> <br />60/ See, e.~., United States v. District Court in and for Water <br />DIvisTOn No.5, 401 U.S. 527 (1971); Colorado River Conservation <br />District v. United States, 424 U.S. 800 (1976). <br /> <br />- 37 - <br />