After reading the water laws regaurding Western States in the United States there are a few important areas to point out. The Winters v. United States case has proved instrumental in reserving water that is on Reservations, in National parks and forests, and other areas that normally should be pretected, for they are now covered under national laws–not differing state laws. It requires that the primary use of the water is to be for the establishment (reservation, park, forest, etc.) and the remaining water is to be used as minimally as possible. Suprisingly, it also protects water that is not being used. However, the law should go even further as to protect water as a human right, as a necessity. Under the Winters laws the water can still semi-freely be bought, sold, or traded. This is a major shortcoming in the protection of water as a right–not a commodity.

http://www.blm.gov/nstc/WaterLaws/fedreservedwate