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<br />, <br /> <br />'~8 7 $:::STE: IG <br /> <br />. . <br />S:':'.7=:S ',';A7=:2. COC':CIL RESE':'.RC;~ PRO?OS':'.L <br /> <br />Pocencial ::-.'.:.::..an '..lace:: R:..::;hc Cla:..::!s <br /> <br />Backg:-ound <br /> <br />Water is essential :..n the arid Hest. Growing r-opulation, <br /> <br />expanc::..ng industry and i~creased development or natural resources <br />combine to pose additional demands upon oft times fu:ly appropri- <br /> <br />ated water supplies. N~erous policy concerns compl:..cate the wacer <br /> <br />p:..cture. One of the most pressing of these concerns is Indian water <br /> <br />right claims. <br /> <br />Diametrically opposed legal positions have fueled the Indian <br /> <br /> <br />water rights controversy. States and Indian tribes have found little <br /> <br />common ground surroundir.g the water rights issue. Further, the <br /> <br />. <br />federal government has actively pursued policies which have accentu- <br /> <br />ated the misunderstanding and controversy inherent in the situation. <br /> <br />One of the most critical questions related to t~~ issue of <br /> <br />Indian water right claims is their potential quantity. These claims <br /> <br />can generally be said to involve large ~ount of water and, in most <br /> <br /> <br />instances, their priority predates most other uses. 3eyond this, <br /> <br /> <br />very little is definitel:: known. Reasons for this l",ck of l<now- <br /> <br /> <br />ledge include: (1) the ~aucity of case law definin~ the scope of <br /> <br /> <br />che right (It is not certain what legal test will be applied <br /> <br /> <br />to dete=mine che scope of Indian water rights for the ':arious <br /> <br />reservations in the West. The special circumstances surrounding <br /> <br />each rese~lation may well dictate auplication of a n'~ber of tests.), <br /> <br />(2) :;,e cost of gather:..ng data related to the claims. (3) the inherent: <br />