Reserved Water Rights (Federal) (1) A category of federal water rights, created by federal law and recognized by judicial decision. These rights are created when the federal government withdraws land from the public domain to establish a federal reservation such as a national park, forest, or Indian reservation. By this action, the government is held to have reserved water rights sufficient for the primary purpose for which the land was withdrawn. (2) This class of water rights is a judicial creation derived from Winters v. United States (207 U.S. 564, 1907) and subsequent federal case law, which collectively hold that when the federal government withdraws land from general use and reserves it for a specific purpose, the federal government by implication reserves the minimum amount of water unappropriated at the time the land was withdrawn or reserved to accomplish the primary purpose of the reservation. Federal reserved water rights may be claimed when Congress has by statute withdrawn lands from the public domain for a particular federal purpose or where the President has withdrawn lands from the public domain for a particular federal purpose pursuant to congressional authorization. The right to such water is not lost by nonuse, and its priority date is the date the land was set aside. Also see Winters Rights (Decision), Reservation Doctrine, Reserved Rights Doctrine, and Winters Doctrine (or Winters Rights), and Water Law Federal.
Source: http://www.bvsde.paho.org/bvsacg/i/fulltext/dicciona/dicciona.pdf
Web site to visit: http://www.state.nv.us/cnr/ndwp/home.htm
Author of the Water Words Dictionary source of text: Gary A. Horton
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