WATER LAW (FEDERAL)

Except when provided by federal law, e.g., Federal Reserved (Water) Rights, federal water rights must satisfy the administration and permitting process of the state in which the federal project is located. An important 1978 U.S. Supreme Court case (California v. United States) held that unless state law conflicted with clear Congressional directives, the federal government must obtain water rights under state law for reclamation purposes. Under the federal reserved rights concept, the federal government reserves sufficient water rights when it withdraws land from the public domain to establish a federal reservation such as a national park or Indian reservation. Also see Reservation Doctrine, Reserved Rights Doctrine, and Winters Doctrine and Winters Rights (Decision).