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<br />r <br /> <br />. <br /> <br />. <br /> <br />Ie <br /> <br />. . <br /> <br />expanded opportunities for recreation of the inhabitants and for visitors, <br /> <br /> <br />(4) preservation and development of fish and wildlife, (5) .economic devel- <br /> <br /> <br />opment of an often depressed area, and, of major importance, (6) potential <br /> <br /> <br />resolution of the Indian water rights question. <br /> <br /> <br />We move now to the issue of Indian water rights. You may ask, <br /> <br /> <br />"What water rights do I ndians have, and how do they differ from other <br /> <br /> <br />persons' water rights?" Essentially, Indians have the right to sustain <br /> <br /> <br />their tribal members living on federally established reservations. This <br /> <br /> <br />leads us to the Winters doctrine of reserved water rights. This was <br /> <br /> <br />established by the United States Supreme Court in 1908 in a case called <br /> <br /> <br />Winters v. United States. It has an interesting and indeed instructive <br /> <br /> <br />background. The record shows that the Fort Belknap Indian Reservation <br /> <br /> <br />in Montana had been set aside for certain Indian tribes as their permanent <br /> <br /> <br />home, pursuant to an agreement between the United States and the <br /> <br /> <br />Indians, dated May 1, 1888. One of the purposes of the reservation was <br /> <br /> <br />to enable the Indians to become self-supporting as a pastoral and agricul- <br /> <br /> <br />tural people. In fact, as part of the contract, the Federal Government <br /> <br /> <br />agreed to pay $430,000 a year for ten years toward the purchase of "cows, <br /> <br /> <br />bulls and other stock, goods, clothing, subsistence, agricultural and <br /> <br /> <br />mechanical implements." The reservation comprised about 1 ,400 square <br /> <br /> <br />miles, approximately 30,000 acres of which were suitable for ag riculture <br /> <br /> <br />when irrigated by the waters of the Milk River, which traversed the <br /> <br /> <br />northern boundary of the reservation. The Indians constructed their <br /> <br /> <br />irrigation system but were interrupted in their use of it by a community of <br /> <br /> <br />non-Indian settlers who had secured appropriated rights to the waters of <br /> <br /> <br />the Milk River, upstream from the reservation. Their appropriated rights <br /> <br /> <br />had been secured in accordance with the laws of Montana. Without access <br /> <br />0168 <br /> <br />5 <br />