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A variety of federal, state, and local laws govern water rights. One issue unique to America is the law of water with respect to American Indians. Tribal water rights are a special case because they fall under neither the riparian system nor the appropriation system but are outlined in the Winters v. United States decision. Indian water rights ...
Federal lands are lands in the United States owned and managed by the federal government. [1] Pursuant to the Property Clause of the United States Constitution ( Article 4 , section 3, clause 2), Congress has the power to retain, buy, sell, and regulate federal lands, such as by limiting cattle grazing on them.
The McCarran Amendment, 43 U.S.C. § 666 (1952) is a federal law enacted by the United States Congress in 1952 which waives the United States' sovereign immunity in suits concerning ownership or management of water rights. It amended Chapter 15 (Appropriation of Waters; Reservoir Sites) of Title 43 (Public Lands) of the United States Code.
In 2012, a court ruled "in favor of the ski companies... that seizing the privately held water rights usurped state water law." [2] However, the United States Forest Service decided to pursue a "new regulation to demand that water rights be transferred to the federal government as a condition for obtaining permits needed to operate 121 ski resorts that cross over federal lands."
Public regulation of waters, including flood control, environmental regulation—state and federal, public health regulation and regulation of fisheries; Related to all of the above is interplay of public and private rights in water, which draws on aspects of eminent domain law and the federal commerce clause powers
In the United States, each state holds the land submerged by navigable waters in trust for the public and can establish a public right to access or recreate within these public waterways. Again, this "water right" is not an individual right, but rather a public right and individual privilege which may include restrictions and limitations based ...
In the United States, governmental entities at all levels- including townships, cities, counties, states, and the federal government- all manage land which are referred to as either public lands or the public domain. The federal government owns 640 million acres, about 28% of the 2.27 billion acres of land in the United States.
A senior water user could, for example, only have been using the water during a particular season. Then the purchaser of the water right could only use the water in the same season as when the right was established. In addition, the state may put additional conditions on the use of the water right to prevent polluting or inefficient uses of ...