Ground Water and Federal Reserved Rights

Abstract

There has been a great deal of concern in the Western States regarding the concept of federally reserved water rights. History has shown that the federal government has reserved rights to both surface and ground waters on reserved or withdrawn lands to fulfill the purpose of the reservation. While those reserved rights may not have been fully disclosed, any water planner must consider them and recognize both their existence and the potential of a future claim of senior priority. The full extent or limit, or both of those reserved rights are yet to be explored.