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<br />/ <br /> <br />I~ 'lI: <br /> <br />Fall 1997] <br /> <br />BIBLIOGRAPHY <br /> <br />887 <br /> <br />RICHARD WAHL, MARKETS FOR FEDERAL WATER: SUBSIDIES, PROPERTY RIGHTS <br />AND THE BUREAU OF RECLAMATION (1989). <br /> <br />Zach Willey & Tom Graff, Federal Water Policy in the United States - An Agenda for Economic <br />and Environmental Reform. 13 COLUM. J. ENVTL. L. 325 (1988). <br /> <br />S. Indian Reservation Transfers <br /> <br />In 1908, the United States Supreme Court ruled in Winters v. United States, 207 U.S. 564 <br />(1908) that when Indian reservations were established, sufficient water was implicitly reserved to <br />fulfill the purposes of the reservation. Where Indian reserved rights exist, they are incorporated into <br />the state water law hierarchy with the priority date from the date of creation of the reservation. In <br />many instances, Indian tribes hold unquantified reserved rights for water that predate many rights <br />held by non-Indians under the states' appropriation laws. Thus, Indian reserved rights are the most <br />senior and the most valuable, and the leasing of these rights may provide significant economic <br />benefits to the reservation. <br />The legal authority of tribes to lease (transfer) their Winters water off the reservation is <br />murky and unclear. While federal legislation confirming tribal rights to sell or lease water would <br />resol ve such questions, federal trust obligations suggest that federal approval would still be required <br />on a case-by-case basis. <br /> <br />Comment, Leasing Indian Water Off the Reservation: A Use Consistent with the Reservation's <br />Purpose, 76 CAL. L. REV. 179 (1988). <br /> <br />David Getches, Management and Marketing of Indian Water: From Conflict to Pragmatism, 58 <br />COLO. L. REv. 515 (1988). <br /> <br />Leaphart, Sale and Lease of Indian Water Rights, 33 MONT. L. REV. 226 (1972). <br /> <br />Owen Olpin, Indian Water Rights Transftrs, in A.L.l.-A.B.A. COURSE OF STUDY: WESTERN <br />WATER LAW IN THE AGE OF REALLOCATION 139 (MarchI991) (Cosponsored by the <br />University of Arizona College of Law). <br /> <br />Jack Palma, Considerations and Conclusions Concerning the Transferability of Indian Water Rights, <br />20NAT.RESOURCESJ. 91 (1980). <br /> <br />Judith V. Royster, A Primer on Indian Water Rights: More Questions than Answers, 30 TULsA L.J. <br />82 (1994). <br /> <br />Lee Storey, Leasing Indian Water Off the Reservation: A Use Consistent with the Reservation's <br />Purpose, 76 CAL. L. REV. 179 (1988). <br />