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RC Archive | Re: Much of the confusion over Native American water rights in the United

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ashutosh_73 wrote:
­[box_out][box_in] ­Much of the confusion over Native American water rights in the United States can be traced to Winters v. United States, the 1908 Supreme Court decision that first established those rights. In one part of this decision, the Court seemed to suggest that Native Americans were entitled to all the water flowing in rivers bordering or entering their reservations. Elsewhere in the decision, the Court stated that Native Americans had rights only to an amount of water from such rivers sufficient for irrigation purposes. There was obviously a considerable difference between the two positions. But even if one assumed, as most attorneys have since, that the Court intended to set a limit, its nature was far from clear. What exactly did the Court mean by "irrigation purposes"? Did it mean the irrigation needs at the time of a reservation's creation? Or at the time of the Court's decision? Or was the decree open-ended and intended to guarantee Native Americans additional
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Statistics : Posted by Bunuel • on 08 Mar 2024, 08:25 • Replies 1 • Views 52



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