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Show 293 tions, the principles seem equally applicable to lands used by the United States for its other purposes. If the United States can set aside public land for an Indian Reservation and, at the same time, reserve water for the future requirements of that land, I can see no reason why the United States cannot equally reserve water for public land which it sets aside as a National Recreation Area. Cf. F.P.C. v. Oregon, 349 U. S. 435 (1955). Certainly none of the parties has suggested a tenable distinction between the two situations. In determining whether the United States intended to reserve water for the future reasonable needs of the Lake Mead National Recreation Area, I have followed the course outlined in regard to Indian Reservations. Since the purposes of the Recreation Area could not be fully carried out without the use of water from the mainstream of the Colorado River, I have found that the United States intended to reserve such water for use within the Recreation Area. Furthermore, having found that the United States intended to reserve water for the Area, I have assumed, since there is no evidence to the contrary, that the reservation was for reasonable future requirements. As in the case of Indian Reservations, it is not likely that the United States intended that any future development of the Area would have to depend on appropriative rights to water obtained under state law. I have not set maximum limits on the amount of mainstream water that the Lake Mead National Recreation Area can consume as I did in the case of the Indian Reservations. First, it would be very difficult to predict accurately the future requirements of the Area. Indeed, even to attempt such a prediction would require more evidence than the parties have introduced in this litigation. Second, there is no need whatsoever to predict future needs or to put an outside limit on the amount of water that can be diverted from the mainstream. The pres- |
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Original Report: State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Imperial Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California |