...specified that — AJ1 corplus water over and above such actual appropriation and use, together «ith the water of all lakes, rivers, and other sources...shall remain and be held free for the appropriation sod use of the public for irrigation, mining, and manufacturing purposes subject w existing rights....

...of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation : and all surplus water over and above such actual appropriation and use, together with the water of all [sic], lakes, rivers and other sources of water supply upon the public lands and not navigable, shall...

...part of the Desert Lnnd Act, Congress passed the following language which can be found at 43 USC B21 : All surplus water over and above such actual appropriation and use, together with the water of ¡ill lakes, rivers, and other sources (if waler supply upon the public lands and not navigable, .shall...

...with the navigation servitude itself but also with the implication of the Desert Land Act's language ("and all surplus water over and above such actual...the water of all lakes, rivers, and other sources of supply upon the public lands and not navigable, shall remain and be held free for the appropriation...

..."surplus water over and above such actual appropriation and use (by a desert land entryman)," and (B) "other sources of water supply upon the public lands and not navigable." Under this construction the approval of the appropriation and use of surplus water is not limited to...

...by the person so conducting the same * * * shall depend upon bona flde prior appropriation : * * * and all surplus water over and above such actual appropriation...manufacturing purposes subject to existing rights. [19 Stat. 377.] The answer to your question depends upon the interpretation to be given to the specific...

..."necessarily used for the purpose of irrigation and reclamation," and went on to state : [A]ll the surplus water over and above such actual appropriation...manufacturing purposes subject to existing rights. The application of this part of the Act to federal water rights requires some discussion, for several...

...we of the public under the laws of the states and territories named. The words that the water of all sources of water supply upon the public lands and...free for the appropriation and use of the public" are not susceptible of any other construction. The only exception made is that in favor of crisling...

...of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation ; and all surplus water over and above such actual appropriation...manufacturing purposes subject to existing rights." The Supreme Court has held in a series of cases that the portion of the Desert Land Act quoted above...

...lielieve the question has yet been litigated. By its terms, which are very broad, the act applies to "the water of all lakes, rivers, and other sources...water supply upon the public lands and not navigable." And in fttatr KX ret. BUMS v. Doritu (55 XM 12, 225 P. 2d 1007, 1014-17 (1950), appealed dismissed,...