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Show Chapter 8 Related Land Uses The natural interdependence of land and water has been ac- corded increasing recognition in federal legislative and admin- istrative action. As we have seen, Congress has enacted many laws directed squarely at development, utilization, and conser- vation of water resources. In addition, it has adopted numer- ous statutes which, although often referred to as land-use measures, are either expressly aimed at water and land as in- separable resources, or are adaptable to serving both simul- taneously. Our purpose here will be to review the more signifi- cant of these laws as they deal with such express or implied relationships. In varying degrees, these statutes share in the fundamental concept that the manner in which land is used directly affects our Nation's water resources. To cite a common example-soil erosion results from, among other causes, such improper use of lands as the destruction of timber, grass, or other protective cover, or from the failure to maintain such cover. Erosion in turn leads to sedimentation of streams, with such harmful re- sults as the curtailing of the useful life of reservoirs and im- pairing of navigation. Land-use legislation has been bottomed on several constitu- tional bases.1 Under the Proprietary Clause, the Federal Gov- ernment has authority to make rules respecting its own lands. It was this authority which was principally invoked in early legislative recognition of the effect of use of land upon water resources. In other instances, such legislation has rested upon commerce authority, tying protection of watersheds to the nav- igability of streams. An increasing number of land-use pro- grams in recent years involve employment of the power to ex- pend federal funds both to encourage private action to protect 1Seempra, pp. 8-29, 29-54, 57-58. 351 911611-51------24 |