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<br />non-tributary groundwater. It would seem appropriate for <br /> <br />the state to oppose an extension of the reserved rights doc- <br /> <br />trine to groundwater. <br /> <br />The argument against the extension of reserved rights <br /> <br />to groundwater is that the federal government was most likely <br /> <br />unaware of groundwater resources at the time most indian <br /> <br />reservations were created. and if unaware of that groundwater <br /> <br />it would be impossible to imply an intent on the part of <br /> <br />the federal government to reserve any of that groundwater. <br /> <br />2. aQ~Q~Q~i~~_aQ~_~~1anli~Qm&n1_Q1_1n~&&~&~~a1iQQ~ <br /> <br />The issue of the boundaries and establishment <br /> <br />of the reservations is very important to several aspects of <br /> <br />the cases. First, the date of the establishment of each por- <br /> <br />tion of the reservation will determine the priority date <br /> <br />for the water right on each portion. Second, establishment <br /> <br />of the boundaries will determine the lands to which-9d <br /> <br />q~~nti~iC~!i?n standard such as PIA (particably irrigable <br />acreage) should be applied. Third. establishment of the <br /> <br />boundaries of the reservations will determine which waters <br /> <br />~re appurtenant to the -,_e~~rvations and thus which waters <br />_ ,_~____------~- ~~~~___ __~__ '--__~ ~ ~u ~ d ~ ~ <br /> <br />ma~ be claimed as sources of water for reserved rights. <br />---- ~~._._-.._~.~,~~~- -- . . ,.-. <br /> <br />The boundaries and establishment issue may be quite <br /> <br />complex. Different portions of the reservations have been <br /> <br />reserved. ceded, exchanged, terminated and re-established <br /> <br />-7- <br />