The fact is that all resources in the state are owned by the state. This has already been established in several cases throughout US history and one of the most recent was the one where the Oregon guy was just prosecuted a couple years ago. The guy was prosecuted for “stealing” water from the State and not the Feds.
If I remember right it stems back to the same series of laws that established national parks, forests, monuments, etc…. It also the basis of the Pittman Roberson Act and how the money for conservation programs are distributed among the states based upon sales, hunting license sales, and a number of other obscure forces of politics. This is also the basis for the argument that the Hammonds and Bundys are using for their protest against BLM and how BLM seizes land illegally.