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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 />0094. <br /> <br />the 1930's, have generally atte~pted to notify the states of <br />water uses and needs and to file for some water rights pursuanf <br />to applicable state law. Task Force Report at 36. Since <br />1946, the Forest Service has generally not filed-for water <br />rights on reserved lands, although it has filed for water <br />rights on acquired lands and, since 1966, has informed state <br />officials of the scope of its reserved water rights. The <br />policy of the National Park Service has been to comply with <br />state water laws, particularly with respect to rights not <br />available under the reserved right doctrine. Id. Other <br />agencies have often complied with state procedures in acquiring <br />water rights, but have also asserted rights or used water in <br />many instances without compliance with state law or notice to <br />appropriate state authorities. ~/ <br /> <br />While the ad hoc approach reflected in the practice of <br />responsible agencies may have acco~modated both state and fed- <br />eral concerns when water supplies were relatively ample, over- <br />appropriation of streams in ~ost of the western states and <br />increasing ccmpetition for water between and among private and <br />public users has led to efforts at the state and federal levels <br />to achieve certainty in the definition and allocation of water <br />rights. In 1978, President Carter submitted a Federal "later <br />Poli cy Message to Cong ress, wh ich recogn ized the di fficul ti es <br />created for the states by the existence of unquantified, unde- <br />termined federal reserved rights to water in the western states, <br />and reconmended that priority be given to quantification of federal <br />reserved rights. g/ At the same time, federal agencies <br /> <br />:'. <br /> <br />61/ For example, fOllowing the Pelton Dam decision in 1955 (see <br />pp. 26-27 supra), the Department of the Navy apparently ceased <br />filing any clai~s for water with state agencies. See Nevada <br />ex reI. Shamberger v. united States, supra n.29, l~F. Supp. <br />at 606. That has not, however, heen the consistent position <br />of the Department of Defense since then. We understand, for <br />example, that the Air Force has agreed that water necessary <br />for deployment of the MX missile syste~ in Nevada and Utah <br />will be appropr ia ted only under sta te laws. See Le tter from <br />Grant C. Reynolds, Assistant General Counsel, Department of <br />the Air Force, to Myles E. Flint, Chief, General Litigation <br />Section, Land and Natural Resources Division, Dept. of <br />Justice (Nov. 19, 1981). <br /> <br />62/ Presidential Papers, Administration of Jimmy Carter, 1978, <br />pp. 1044-51. Pursuant to this initiative, a Task Force on Non- <br />Indian Reserved Rights was established. The Task Force issued <br />a final report in 1980, in which it recommended, inter alia, <br />that federal agencies attempt to quantify all current ana-- <br />future water requirements, that state law be used to the <br />fullest extent possible for water uses not subject to existing <br />reserved rights, and that the Executive Branch attempt, as a <br />matter of policy, to obtain future water rights by purchase, <br /> <br />(Continued) <br /> <br />- 38 - <br />
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