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Show 42 and 1877 did not divest it of title to or control over unappro- priated waters in nonnavigable streams in the West.167 The States, on the other hand, claimed that these statutes constitute an irrevocable surrender of any right the United States might have had to control the use of those waters.168 An apparent sequel to the latter view would be denial to the United States of property rights in waters flowing over federal lands within the boundaries of a state except as permitted by the law of that state.169 In disposing of the case, however, the Supreme Court found it unnecessary to pass on the conflicting claims.170 Subsequent Regulation of Use of Waters on Public Lands.- Subsequent to enactment of the foregoing three statutes, Con- gress in 1897 enacted the following provision regulating the use of waters within national forests:171 All waters on such reservations may be used for do- mestic, mining, milling, or irrigation purposes, under 167 See Brief fob the United States of America, Intervenor, Nebraska v. Wyoming, October Term, 1944, No. 6 Original, pp. 53-72, decided 325 U. S. 589 (1945). 188 See the following filed in Nebraska v. Wyoming, note preceding: Answer Brief of Complainant, State of Nebraska, to Briefs Filed on Behalf of the United States and the States of Colorado and Wyoming, pp. 2-65; Answer Brief of Defendant, State of Wyoming, pp. 8-25, 34-39. See also Objections of the State of Colorado, Impleaded Defendant, to Motion on Behalf of the United States for Leave to File its Petition of Interven- tion, pp. 8-12. 169 See, e. g., 2 Kinney, Irrigation and Water Rights, pp. 1098-1124 (2d ed. 1912). 170 Nebraska v. Wyoming, 325 U. S. 589, 611-616 (1945). On this question generally, see also 2 Kinney, op. tit., note preceding, at 1113; State Water Law in the Development of the West, Report to the Water Re- sources Committee by its Subcommittee on State Water Law, National Resources Planning Board, pp. 36-37 (1943) ; Preservation of Integrity of State Water Laws, Report and Recommendations of the Committee of the National Reclamation Association, pp. 49-54 (1943). m Act of June 4, 1897, § 1, 30 Stat. 11, 36, 16 U. S. C. 481. Also enacted after the Acts of 1866, 1870, and 1877, still other statutes involving use of public lands purport to exercise control over acquisition of rights to use of water, or proceed on an assumption of existence of the power to do so. See, e. g., Act of June 3,1878, § 1, 20 Stat. 89, see 43 U. S. O. 311; Act of March 3, 1891, § 18, 26 Stat. 1095, 1101, see 43 U. S. O. 946; Act of June 17, 1902, § 8, 32 Stat. 388, 390, 43 U. S. C. 383, 372; Act of June 11,1906, § 3, 34 Stat. 233, 234,16 U. S. C. 508. |