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WSPP00050
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Last modified
7/29/2009 9:26:12 PM
Creation date
10/1/2006 2:01:05 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8064
Description
Indian Water Rights
State
CO
Date
8/1/1985
Author
Frank E Maynes
Title
Colorado Ute Indian Water Rights-Final Settlement Agreement-December 10 1986-The Animas La Plata Related Reserved Indian Water Rights Concerns
Water Supply Pro - Doc Type
Report/Study
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<br />'r' <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />" <br /> <br />rights and as such are not subject to certain constraints that characterize <br /> <br /> <br />the rights obtained through prior appropriation. Historically, however, <br /> <br /> <br />some state courts have been viewed as hostile to Indian claims; hence, in <br /> <br />the majority of instances, Indians have greater confidence in federal <br /> <br />courts. <br /> <br />Landmark cases involving reserved water rights of Indians and the <br /> <br />Federal Government include Winters v. United States, which I have already <br /> <br />discussed, and a small number of others. Colorado River Water Conserva- <br /> <br />tion District v. Un ited States (1976) was important because it was the first <br /> <br />case in which the United States Supreme Court invoked the McCarran <br /> <br />Amendment in validating the concurrent jurisdiction of federal courts and <br /> <br />state courts in disputes involving Indian water rights. <br /> <br />Arizona v. <br /> <br />California (1963, with decree in 1964) is especially important in that it <br /> <br />established a quantitative standard to be applied in determining entitlement <br /> <br />to water on Indian reservations; namely, that sufficient water be reserved <br /> <br />to irrigate "all the practicably irrigable acreage on the reservation." <br /> <br />Another interesting case decided by the U. S. Supreme Court, al- <br />though it involved federal reserve rights, not Indian rights, was that of <br />Cappaert v, United States (1976). In 1952, President Truman issued a <br /> <br />Presidential Proclamation establishing Devil's Hole, Nevada, a component of <br /> <br /> <br />the Death Valley National Monument. This was done to preserve a unique <br /> <br /> <br />species of desert fish. the Devil's Hole pupfish (pursuant to the Act for <br /> <br />Protection of American Antiquities) which had as its habitat a pool in a <br /> <br />deep I imestone cavern. <br /> <br />A ranching family named Cappaert owned a <br /> <br />12,000-acre ranch nearby, 4,000 acres of which were used for growing <br /> <br />\ <br /> <br />alfalfa, wheat, and barley, They grazed about 1,800 head of cattle on the <br /> <br />ranch and had invested $7,000,000 in it, and employed 80 people with an <br /> <br />, <br />i <br /> <br />0165 <br /> <br />I <br /> <br />8 <br />
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