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<br />~ <br /> <br /># <br /> <br />~ <br /> <br />438 U.S. b9b (1978). <br />The purposes of the reservation are determined by an <br />examination of the language in the document (treaty, statute, <br />or executive order) creating the reservation. UQit~Q_St~~~ <br />~&_~~~_~~~i~Q' ~~QLQ. <br />The source of water is that water appurtenant to the <br />reservation which is unappropriated at the time of the reser- <br />vation. ~~QQa~Lt_~~_UQit~Q_~at~~' ~QLa. <br />The quantity of the water right is that amount neces- <br />sary to fulfill the minimal, primary purposes of the reserva- <br />tion, but no more. UQit~Q_Stat~~_~L_~a~_~~&i~~, ~~~a. <br />The priority date of the water right is the date on <br />which the reservation was created. ~~i~~Qa_~L_~alilQ~Qia' <br />373 U.S. 54b (19b3). <br /> <br />B. iQe~iti~_~e~al_~~~e~ <br />1. ~Q~L~e_Qt-kateL_~-'LQ~Qg.~taL <br />The case law to date is clear that the source <br />of water for a reserved right is that water appurtenant to <br />the reservation which is unappropriated at the time of crea- <br />tion of the reservation. unit~Q_Sta~~_~&_~~_~a&i~Q' ~~~a' <br />~A~aeLt_~L_~Qit~Q_it~~~, ~YQLa. <br />The application of the United States for water rights <br />to be held in trust for the tribes asserts a claim to all <br />waters whether surface or underground, tributary or <br />-5- <br />