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Senior Contributor
Posts: 979
Registered: ‎11-30-2014
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The 9th Circuit Court

Of appeals ruled on April 13, 2018 in U.S. Vs Hage that the Mining Act of 1866 Is the law for water in the West.

 

afore is an important rule re both the Hage Ranch and Hunter cases btw.

 

Thus farmers and ranchers can keep, transfer, move, sell vested water and water rights even on Federal lands....when those fed lands prevent land use for benefit of water.

 

Thus ranches can effectively dry up water rights on Fed land and transfer such to private lands or even rewater other lands for deeds in lieu of.

 

the West is fast becoming a land of water ranches now.

 

Also reading thru the ruling 1 can see this pretty much throws WOTUS out the window re all water owned by private folks in th USA.