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Show two most important questions which Congress should resolve, however, center on (1) the uncertainty which the doctrine has engendered, and (2) the equity of holders of water rights vested under state law, whose rights may be curtailed without compensation through its strict application. Solutions of these two critical problems will permit reliance on the reservation doctrine where necessary to assure adequate Federal water rights for the reserved public lands, and at the same time minimize disruption to existing state administrative machinery, promote more effective water resources planning, and provide equitable treatment to holders of water rights vested under state laws. Consequently, we recommend that Congress take the following legislative actions: (1) Provide a reasonable period of time within which Federal land agencies must ascertain and give public notice of their projected water requirements for the next 40 years for reserved areas, and forbid the assertion of a reservation claim for any quantity or use not included within such public notice. Some Federal agencies, in particular the Forest Service, are endeavoring to refine their data on present uses and future requirements and to provide such information to state water authorities. However, there is nothing in the present legal system which requires this or makes such quantification binding on the agencies, and they would be free to enlarge these projections in the future as they deem fit. Most of the present uncertainties should be removed by requiring a binding quantification and delineation of Federal claims, particularly such questions as quantities of water reserved, priority of right, ESTIMATED CONTRIBUTION OF PUBLIC LANDS TO AVERAGE ANNUAL WATER YIELD IN THE 11 WESTERN STATES BY WATER RESOURCE REGIONS WATER RESOURCE REGIONS 2E % 5C % 7E % TOTALAVERAGE "TEL™"'" TOTAL ALL REGIONS COLUMBIA-NORTH PACIFIC 362.18 235.17 HEDH I CALIFORNIA -7T |66%1 :: MISSOURI ¦T ,,3 UPPER COLORADO 3^96% 15.48 GREAT BASIN 3^ 80% 6.59 RIO GRANDE 3^ 77% 3.82 LOWER COLORADO L*67% 3.57 ARKANSAS-WHITE-RED ]^ 93% 1.51 TEXAS GULF NEG. 0.04 permissible purposes and places of use, etc. These determinations might be made as part of the review of existing land withdrawals which we recommend elsewhere in this report, although a shorter time period for this effort seems desirable. In those cases where it seems likely that existing uses on reserved lands will increase to significantly larger estimated future requirements at a relatively modest rate over the 40-year period, Congress may wish to provide a means for the agencies to permit interim use of reserved water until it is needed for Federal purposes. This would promote maximum beneficial use of water and could be done through formal arrangements with the states. (2) Establish a procedure for administrative or judicial determination of the reasonableness of the quantity claimed, or the validity of the proposed use under present law. This would give an opportunity for timely contest by present users or appropriate state agencies of the Public lands are the major source of water in the West. This dam in the Sierra Nevada mountains is part of a Southern California Edison Company hydroelectric development. 147 |