Consideration of Public Water Reserves in Land Disposal Transactions

 

January 17, 2020

In Reply Refer To:

2200, 2370, 2700, 7250 (9300) P

 

EMS TRANSMISSION January 21, 2020

Instruction Memorandum No. AZ-IM-2020-005

Expires:  1/17/2023

 

To:                  District Managers and Field Managers

    Attention:  Lands& Realty Staff, Hydrologists, Assistant Field Manager

 

From:              Deputy State Director, Resources and Planning

 

Subject:           Consideration of Public Water Reserves (PWR 107) in Land Disposal Transactions

 

Purpose:  This Instruction Memorandum (IM) clarifies the procedures to be followed to ensure that federal water rights associated with PWR 107s are addressed in all land disposal actions.

 

Policy/Action:  If public lands contain springs or waterholes, the 40-acre parcel containing these water sources are withdrawn from settlement, location, sale, or entry through PWR 107. Consequently, land disposals cannot occur until the property identified for disposal has been inventoried for these water sources and the PWR has been revoked. For guidance on the withdrawal revocation process, please review 43 CFR 2370 – Restorations and Revocations.

 

Once public lands are identified for disposal, please inventory these lands for the presence of springs and waterholes or documented PWR 107 claims filed with the Arizona Department of Water Resources.

 

The water source inventory process should be coordinated with your Field Office Hydrologist and/or with the State Office Hydrologist or Water Rights Specialist.

 

Timeframe:  This IM is effective upon receipt.

 

Budget Impact:  None.

 

Background:  On April 17, 1926, PWR 107 was created by Presidential Executive Order which ordered that “every smallest legal subdivision of the public land surveys which is vacant unappropriated unreserved public land and contains a spring or waterhole, and all land within one quarter of a mile of every spring or waterhole located on unsurveyed public land is hereby, withdrawn from settlement, location, sale, or entry, and reserved for public use.”

 

The Bureau of Land Management 7250 Water Rights Handbook states that “the executive order and reserved right applies to all springs and waterholes on such public lands, regardless of the size or flow rate of the water source. The executive order applies only to naturally occurring springs and waterholes. The uses associated with the reserved right are restricted to domestic and livestock use.” Further, “before public lands leave Federal ownership, any land withdrawals must be revoked (including Public Water Reserves) and the associated federally based water rights relinquished (as a non-Federal entity cannot hold title to a Federal reserved water right).

 

Directives Affected:  None.

 

Coordination:  This IM has been coordinated with the State Office Water Rights Specialist (9300) and State Office Lands, Minerals, and Energy staff (9200).

 

Contact:  Questions concerning withdrawal revocations or land disposal actions should be referred to the Deputy State Director of Lands, Minerals, and Energy.  PWR 107 or water rights questions should be referred to the State Office Hydrologist or the local Field Office Hydrologist, if available.

 

 

3 Attachments:

1 - Order of Withdrawal Public Water Reserve No. 107 (1 p)

2 - 43 CFR 2370 (3 pp)

3 - Outline of Partial Revocation Process (1 p)