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<br />2 <br /> <br />on the legislation and its history, to confirm that quantification took place. Indeed, <br /> <br /> <br />ambiguities cloud most of the record on NIIP, ambiguities that the tradition of the <br /> <br />trust responsibility and the canons of construction suggest ought to be resolved in <br />favor of Navajo water rights.4 <br /> <br />:' <br /> <br />Navajo claims to the San Juan are among many claims by Indians to the water of the <br /> <br /> <br />West. Indeed, Indian rights are a complex and important part of the pattern of water <br /> <br />~; <br /> <br />rights and uses in this arid region. The Winters decision established Indian rights to <br />waters that touch Indian reservations in any way. In that opinion, the Court said that <br />when Congress created reservations, it impliedly created rights to sufficient water to <br />satisfy the purpose of the reservation.5 These rights, also called federally-reserved <br /> <br />~ <br />~ <br /> <br />~ <br /> <br />water rights, date from the year Congress created a reservation and exist whether or <br /> <br />i~ <br /> <br />not Indians have put the water they claim to beneficial use. A subsequent case, <br /> <br /> <br />Arizona v. California, established the standard for determining the size of Indian <br /> <br />,. <br /> <br />Winters claims. That standard entitles a tribe to enough water to irrigate all <br /> <br />f; <br />~ <br />\. <br />,: <br />~l <br />ti <br />~~ <br />r <br /> <br />i' <br />;'1 <br />~ <br />~"'f <br />::~ <br />I-.fo <br />" <br />,- <br />;< <br /> <br />and D. Getches and C. Wilkinson, Federal Iwian Law: Cases and Materials 702 (1986). <br />None of these authors specifies- the geographic extent of the alleged quantification. In this <br />article, mention of the potential quantification of Navajo Winters rights with NIIP always, <br />unless specified otherwise, refers to Navajo claims to the San Juan in New Mexico only. <br />For fuller understanding of this point, ~ note 124,.iIl.ful. <br /> <br />4For descriptions of the trust responsibility and the canons of construction, ~ F. <br />Cohen, Federal Indian Law 220-221 (1982 ed.). These and other portions of federal <br />Indian law are discussed further below in the section entitled 'The Law Relevant to <br />Quantification," <br /> <br />5 Winters v. United States. 207 U.S. 564 at 577 (1908). <br /> <br />. i <br />, <br />, <br />