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<br />8 <br /> <br />limiting the quantity; when water is scarce, priority controls the size of a claim. But if <br /> <br />a stream is not fully allocated, or if the allocations violate valid Indian claims, a tribe <br /> <br />could waive its Winters priority to a particular amount of water without limiting its <br /> <br />total claim for all time to that amount. <br /> <br />Judicial quantifications of Indian Winters claims have occurred in only a few cases. <br /> <br />Arizona v. California quantified the water rights of the Colorado River Tribes at 1.0 <br /> <br />million acre-feet a year.'9 In 1989, the Winters claims of the Shoshone and Northern <br /> <br />".., <br /> <br />"-(.. <br /> <br />Arapaho Tribes on the Wind River Reservation in Wyoming were quantified at <br />approximately 500,000 acre-feet a year.20 Currently 50 cases are pending that would <br />quantify Indian Winters c1aims.21 Litigation is so costly--the Wyoming litigation has <br />cost the state alone nearly $10 miJlion22--that significant pressure exists to negotiate <br /> <br />:~...;' <br />, <br /> <br />".,', <br /> <br />settlements of Indian Winters rights. It is widely agreed that Indian claims have been <br /> <br />legitimately quantified in five settlements, each subsequently ratified by or embodied <br /> <br />;;.' <br /> <br />in federal legislation. Those settlements involve the Ak-Chin Indians, some members <br /> <br /> <br />of the Papago, and the Salt River Pima-Maricopa, all of Arizona, the Ute Mountain <br /> <br /> <br />Ute and Southern Ute of Colorado, and several bands of Mission Indians in Southern <br /> <br />:;"i <br />. .' <br /> <br />19Arizona v. California 373 U.S. 546 at 596 and 600 (1963). <br /> <br />2OWvornin~ v. United States 109B S. Ct. 2994 (1989), affirming Big Horn River <br />Adiudication 753 P. 2d 76 (Wyo. 1988). <br /> <br />21~ J. Echohawk, "Sources of Water IV: Tribal Water Rights," in Moving. the <br />West's Water to New Uses: Winners and Losers (1990). <br /> <br />22See.e.~., MacKinnon, "Big Horn Water Adjudication Still Not Complete After <br />Twelve Years," Casper Star-Tribune. Jan. 8, 1990, AI, co!. 1. <br />