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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 />45 <br /> <br />designed more to stem the press of questions from Aspinall than to commit the tribe <br /> <br /> <br />to quantification. And while Nakai is saying that the tribe will "take" water for NIIP, <br /> <br /> <br />he significantly omits saying that it will take no other, In any case, the exchange <br /> <br /> <br />shows that Aspinall had serious doubts that NIIP limited Navajo Winters claims when <br /> <br />he, of all people, should knoW.'18 <br /> <br />The second point drawn from outside NIIP's legislative record that weakens the. <br /> <br />argument for quantification is the clarity of the language on quantification in the <br /> <br />recognized negotiated settlements -of Indian- Winters claims. Of the handful of <br /> <br />recognized, fully legal legislative settlements of Indian Winters rights, none is achieved <br /> <br /> <br />by language as vague on the point of quantification as the NllP legislation or its. <br /> <br /> <br />legislative history. In all five cases, the statutory language exhibits clear congressional <br /> <br />intent to settle or quantify Indian water rights. The title of each act mentions water <br /> <br /> <br />rights, water rights claims, or water rights settlement; 119 settlement of the Indian <br /> <br /> <br />claims at issue is also mentioned elsewhere in the acts; 120 four of the five statutes <br /> <br />118Aspinall's uncertainty is all the more remarkable considering the exchange with <br />Reynolds in that same year discussed in note 69 .sJ.U2m. <br /> <br />11~e titles of the acts are given in full in note 23 ~. It is interesting to note <br />that in 1984, Barry Goldwater said of the 1978 Ak-Chin settlement act that it "represents <br />the first legislative settlement of an Indian tribe's water rights." 138 Congo Rec, 511836 <br />(daily ed. Sept. 25, 1984) (statement of Sen. Goldwater), <br /> <br />l20pull citations to the acts are given in note 23, ~ The relevant sections are, <br />for the Ale.Chin settlement, Sec. 1(b)(5) of the 1978 act; for the Papago, Sec. 301(4); <br />for the Pima-Maricopa, Sec. 2(b); for the Utes, Sec. 2; and for the Mission Indians, Sec. <br />103(b ). <br />
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