William O. Douglas

“ In the West, the United States owns a vast amount of land in some States, over 50 percent of all the land. If by mere Executive action the federal lands may be reserved and all the water rights appurtenant to them returned to the United States, vast dislocations in the economies of the Western States may follow. For the right of withdrawal of public lands granted by the 1910 Act is not only for 'water-power sites' but for a host of public projects-'irrigation, classification of lands, or other public purposes.' Federal officials have long sought that authority. ”

“ We should deny it again. Certainly the United States could not appropriate the water rights in definance of Oregon law, if it built the dam. It should have no greater authority when it makes a grant to a private power group. ”

“ But the present project, dealing as it does with nonnavigable waters, is dependent on the state law of water rights for its execution. In the First Iowa Hydro Electric Co-op. case, we recognized the room left for that degree of control by the States in this situation:↑ Those terms are defined as follows in § 3: ' (1) 'public lands' means such lands and interest in lands owned by the United States as are subject to private appropriation and disposal under public land laws. It shall not include 'reservations', as hereinafter defined ”