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WSP08807
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Last modified
1/26/2010 2:49:44 PM
Creation date
10/12/2006 3:17:20 AM
Metadata
Fields
Template:
Water Supply Protection
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
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<br />28 <br /> <br />representatives of New Mexico, which both Reynolds and Mecham were? Federal <br /> <br />Representative Aspinall put the words in Mecham's mouth. But it can be argued that <br /> <br />he was acting more as a representative of Colorado, whose interests he was protecting <br /> <br /> <br />to the sharp exclusion of concern for Navajo interests, than he was acting as a federal <br /> <br /> <br />legislator. Aspinall's position relative to the Navajo exemplifies a fundamental dynamic <br /> <br /> <br />in Indian affairs--that of state antagonism to Indian interests. Taking Aspinall's state- <br /> <br />oriented view as congressional intent also contradicts a fundamental principle in <br /> <br /> <br />Indian law-that the federal government is the site of authority over Indians.72 Calling <br /> <br />/! <br /> <br />~', <br /> <br />w <br />~f <br />.' <br />-'f,~ I <br /> <br />Aspinall's statement the intent of Congress masquerades truly state interests as federal <br /> <br />ones. Hearing records contain many things that do not constitute congressional intent; <br /> <br />it is entirely possible that these two statements are examples of remarks that must "be <br /> <br />used with discrimination.un <br /> <br />(-\ <br /> <br />r-. <br /> <br />These two less than fully clear and consistent statements represent the entire <br /> <br /> <br />legislative record on section 12( a) that uses express language of limiting Indian claims. <br /> <br /> <br />But Winters rights are mentioned elsewhere in the record where sharing shonages is <br /> <br />discussed. Understanding whether Navajo Winters claims were quantified with the <br /> <br />~~, <br />;:.!\. <br />:_~$ <br />.;... <br /> <br />NIIP legislation requires a close look at that pan of the :ecord, too. <br /> <br />Sharing Shonages <br />A shonage-sharing provision first appears in NIIP's negotiation history in 1957; <br /> <br />. <br />, -~ -. i <br />. i <br />, <br />i <br /> <br />72~ Wilkinson, ~ note 46 at 24. <br />73~ M. Cohen, Legal Research 164 (1985). <br />
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