Laserfiche WebLink
<br />41 <br /> <br />in which the use occurs any water use by the United States or its wards, including <br /> <br />Indians-the language should be made identical to that article or deleted.'04 On the <br /> <br /> <br />other hand, Udall wrote, "If it does something more, or limits or restricts the rights of <br /> <br />the Indians to the water, its inclusion in the bill is improper."ICS <br /> <br />Udall eventually agreed to retention of the language that became 12(a) "in light of <br /> <br />the clarifying language" contained in the Senate Report of 1961.'cs That language can <br /> <br />only be a short paragraph on the section stating that it "prohibits the Secretary of the <br /> <br />Interior from servicing any preferential water right of the United States or Indian <br /> <br />tribe through the facilities created by this act.,,'07 On its face, because it lacks the <br /> <br />additional language found in section I2(a) of the authorizing legislation relating to <br /> <br />compact entitlements for New Mexico and Arizona, this language means that water <br /> <br />for NIIP could not be the satisfaction of a Navajo Winters claim. The logical <br /> <br />implication is that NIIP was not intended to quantify Navajo Winters rights. Of <br /> <br />course, section 12(a) of the NIIP legislation is worded to keep the satisfaction of <br /> <br />Indian claims within compact allocations. The point is that the Secretary of the <br /> <br />Interior appears to have believed that important Indian rights were not being <br /> <br />compromised with NIIP. Language protecting Indian rights must be construed broadly: <br /> <br />.'04Udall's language is at Sen. Rep. No. 83 87th Cong., 1st Sess. 9-10 (1961). The <br />language of Article VII is in the Upper Basin Compact, ~ note 59, Article VII. <br /> <br />lesSen. Rep. No. 83. ~ note 104 at 10. <br /> <br />'DIlJbe language of Udall's agreement is found in H.R. No. 685..mszm note 66 at <br /> <br />20. <br /> <br />107Sen. Rep. No. 83..mszm note 104 at 3. <br />