OCR Text |
Show "the settlement and irrigation of public lands. The Congress recognized, however y that lands in private ownership could be benefitted by the program, and* accordingly* provision was made originally for the full irrigation of such lands by the waters of the.Federal projects and subsequently* in 1931 by the Warren Act, provision was made for the sale of surplus waters to private corporations, companies, or individuals having inadequate supplies to serve properly the private lands under the then systems* Such private lands, however, were required as a condition to participation in the water supply made available by the United States under the Reclamation Act to agree to comply with all the terms* conditions, and limi- tations of the Act, and also with all the rules and regulations promulgated by the Secretary of the Interior under the Act« This intention has been expressed repeatedly in supplemental and amendatory Acts. "By no Act has the Congress empowered or authorized the Secretary of the Interior to surrender to any state or per- son the control of the water supply for a Federal Reclamation project. It has, however* authorized the Secretary to contract with irrigation districts and associations operating under state law for the management of the distribution and use of such supply, subject, however, to the terms* conditions* and limitation of the Federal Reclamation Act and the Secretary1 s rules and regulations thereunder© •it is contended by the Government here, as disclosed by its Petition of Intervention, and motion and supporting brief filed in this case, that the United States is the owner of* the unappropriated waters of innavigable streams, and, as such* has exclusive control of such waters when set apart, reserved, and appropriated for its Reclamation projects to the extent required for such projects and fulfillment of its con- tractual obligations with settlers thereon and others, all in accordance with the Federal Reclamation Law* ''This does not mean, however, that the Secretary can in- terfere either with vested rights of private persons under the Aots of 1866, . 3870# and 1877, or with those of states under th.e Carey Act of 1891+, or interfere with state laws relating to> the control, appropriation, use, and distribution of water uiLder such rights* Also he is directed by Congress to conform to state laws, but such conformity is for the purpose only of relating the priority of the usufructuary right for a Federal Reclamation project to prior vested rights in order that the. control of the same under state law will not be affected or interfered with by the construction and operation of the Recla- mation project} this for the reason that the Secretary is un~ able thereafter in the administration of the Reclamation Act to comply with state laws, because in a substantial number of respects, Congress, in effect, has instructed the Secretary to di sregard state law* •5k* |