WSP08807

• File Number: 8220.106
• Description: Animas-La Plata
• State: CO
• Basin: San Juan/Dolores
• Water Division: 7
• Date: 10/26/1990
• Author: Judith Jacobsen
• Title: The Navajo Indian Irrigation Project and Quantification of Navajo Winters Rights
• Water Supply Pro - Doc Type: Report/Study

19

In the course of applying the principles of trust and fiduciary duty set out in

Cherokee Nation v. Geor~a since 1831, the Supreme Court has evolved an important

procedural limit on congressional power over Indian affairs. That limit is embodied in

the "canons of construction," which derive from the principle that "federal action

toward Indians as expressed in treaties, agreements, statutes, executive orders, and

administrative regulations is construed in light of the trust responsibility."56 The

specific canons include the following closely related ideas: language is construed

liberally when the creation of Indian rights is at issue; language that might

compromise Indian rights should 1;le construed strictiy; and where ambiguities exist,

language will be construed to favor Indians and as the Indians involved would have

understood it.57

It is possible to summarize the law pertaining to quantification of Indian Winters

rights and apply it to the Navajo case regarding San Juan waters and the Navajo

Irrigation Project in the following way. It is within the power of Congress to quantify

Navajo Winters rights, even contrary to the wishes of the Navajo Tribe. For NIlP's

authorization to have achieved this, however, the language of the statute or "clear and

moral obligations of the highest responsibility and trust. Its conduct, as disclosed in the
acts of those who represent it in dealings with the Indians, should therefore be judged
by the most exacting fiduciary standards." Id. at 296-297.

56~ Cohen, ~ note 4 at 220-221. See also Wilkinson and Volkman,.sJ.UID!.
note 50 at 617-618.

57~ F. Cohen, supra. note 4 at 221-222 and 224-225. See also Getches and
Wilkinson, .Sl.Il2Ill note 3 at 217.