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000729 Mr. Phil Doe Page 2 June 14, 1998 in its vicinity in Colorado, then upon such other unoccupied agricultural lands as many be found on the La Plata river or in its vicinity in New Mexico. 91 S.Ct. at 1338-30 (q.uotin~ 21 Stat. 200 (1880)). The Southern Utes thus continued to occupy the area of their former reservation they had previously occupied, known as Royce Area 617. The United States Court of Claims, from which the appeal to the Supreme Court was taken, had held that the United States, in acquiescing in the continued occupancy of the Southern Utes of Royce Area 617, had "waived" its rights created in the 1880 Act, "whatever those rights were"; but the Supreme Court reversed, finding no such waiver and expressly holding that the entirety of the reservation was in fact extinguished in 1880. Although tribal ownership had been terminated, 91 S.Ct. at 1338, Indian ownership was pro- vided for of such of the former reservation lands as might be allotted in severalty to individual Indians. The ability of the individual Indian alIottees to claim reserved water rights is derivative of the tribe itself, = Issue III, below. All of the lands not allotted to individual Indians-the remaining portion of the former reservation--were released and conveyed to the United States, to be held as public lands subject to disposal for the financial benefit of the Utes. 91 S.Ct. at 1339. The question of whether the tribe's 1868 reserved water rights can have survived the extinguish- ment of the reservation itself must be answered in the negative. Winters v. United States, 2(f] U .2. 564, 28 S. Ct. 2(f] (1908), held that since the purpose of the Indian reservations was to con- vert the Indians from a nomadic and uncivilized people to a pastoral and agricultural people, the government must have intended to reserve water adequate for the irrigation of the reservation lands when the reservation was created. Since Winters, a reserved water right sufficient to accomplish the purposes of the reservation (including now not only Indian reservations, but other federal reservations, such as for forests, national parks, and the like) has been deemed created with a priority as of the date of the reservation itself. Arizona v. California, 373 U.S. 546, 83 S.Ct. 1468 (1963). Although an Indian reserved water right must be deemed to have sprung into existence on the Ute Reservation as of 1868, therefore--pursuant to Winters--it was extinguished by the Act of 1880, since a water right is unquestionably included in "all the right, title, interest, estate, claims and demands of whatsoever nature in and to the land and property" of the Southern Ute tribe in their reservation, ceded in its entirety to the United States. 2