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<br />38 <br /> <br />Navajo Indians any water rights that they now have?,,97 Utton's response was <br /> <br /> <br />confusing, 98 and Aspinall interjected, presumably to clarify the confusion. What he said <br /> <br /> <br />is the only hint in the entire record that anyone appreciated the simultaneous <br /> <br />relinquishment and attainment of rights that quantification of Winters claims involves. <br /> <br /> <br />Yet his remarks are a poor substitute for real understanding. What he says is worth <br /> <br />quoting in full: <br /> <br />1. <br /> <br />'.<' <br /> <br />The Navajo Tribe would be unable to use any more water than it is using at <br />the present time if it were not for the fact that we have this proposed <br />development for this area. The Navajo Dam has been built, and the reservoir <br />will fill. The Navajos would have had no right to the use of this water, if we <br />did not have this agreement; and they come in here and state at the present <br />time that they are satisfied. ... They are getting some value for the value they <br />forego. As far as any water rights that they had which are undetermined, they <br />have made their agreement that they are willing to ~ along with the water <br />that this calls for for the development of their lands. <br /> <br />~,. <br />~ <br />~:- <br />,,~ <br />~ <br /> <br />,;', <br />I};, <br /> <br />,..- <br /> <br />~ : <br /> <br />Aspinall does not state clearly what the value is that the Navajo will forego, and he <br /> <br /> <br />contradicts the notion that the tribe had any preexisting rights to water. What is clear <br /> <br />('- <br /> <br />".' <br /> <br />r-J <br />l"~: <br />,.. <br /> <br />from Aspinall's remarks, however, is the hard political compromise involved in NIIP, a <br /> <br />compromise in which the scale and scope of rights that the Navajo brought to the <br /> <br /> <br />:~,I <br /> <br />.~. <br /> <br />table was vastly under-appreciated. <br /> <br />~; <br />~.~1 <br />'~:. <br />..~ ". <br />~:;; <br /> <br />".,." <br />~-~~ <br /> <br />97Id. at 56. <br /> <br />98Utton said that under literal interpretation of certain treaties, "they [the Navajo] <br />have all the rights to the water," but that NIIP "would not take away from any water <br />that they are presently using," at the same time that "a ponion" of the Navajo's rights <br />would in fact be taken away. Id. at 56-57. <br /> <br />99Id. at 57. <br />