Legal Definitions - implied-reservation-of-water doctrine

The implied-reservation-of-water doctrine is a legal principle that grants the United Statesfederal government the right to use water resources located on or flowing through federal lands. This right is considered "implied" because it is understood to have been automatically reserved when the federal government originally set aside the land for a specific public purpose, such as establishing a national park, a national forest, or a Native American reservation. The amount of water reserved is typically the minimum necessary to achieve the primary purpose for which the land was designated. This doctrine ensures that federal lands can fulfill their intended functions without being deprived of essential water by later claims from private parties or states.

Here are some examples illustrating how this doctrine applies:

• National Park Ecosystem Preservation:

  Imagine the federal government designates a vast, arid region as a new National Park to protect its unique desert flora and fauna, as well as ancient geological formations. A small river, crucial for the survival of the park's wildlife and vegetation, flows through this area. When the park was established, the government did not explicitly state that it was reserving water rights to this river. However, the purpose of creating the park—to preserve its natural ecosystem—inherently requires water. Under the implied-reservation-of-water doctrine, the federal government would have a right to enough water from that river to sustain the park's environment, even if a neighboring state or private landowner later tried to claim all the river's flow for agricultural or industrial use.

• Native American Reservation Self-Sufficiency:

  In the late 19th century, the federal government established a reservation for a Native American tribe, promising them a permanent homeland where they could live and sustain themselves. The reservation land includes areas suitable for farming and ranching, and a community relies on a nearby stream for domestic use. Even if the treaty or executive order establishing the reservation did not explicitly mention water rights, the implied-reservation-of-water doctrine means the tribe has a right to enough water from that stream to fulfill the purposes of the reservation. This includes water for agriculture, livestock, and the community's domestic needs, ensuring their ability to maintain their way of life and self-sufficiency, often with a priority date senior to later state-granted water rights.

• Military Base Operational Needs:

  Consider a large military base established by the federal government in a remote area for training exercises and testing new equipment. The base requires a significant amount of water for its operations, including maintaining facilities, supporting personnel, and specific training activities. While the original order establishing the base might not have detailed water rights, the *implied-reservation-of-water doctrine* would grant the federal government the right to enough water from sources within or adjacent to the base to meet its operational needs. This ensures that the base can effectively carry out its national defense mission without being hindered by external water claims.