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<br />. * * * * * * * * * * <br /> <br /> <br />. <br /> <br />6-- <br /> <br />is one o~ praotioa1 importanoe, and a priori theories ought <br />not to stand in the way o~ a praotioa1 solution o~ it. The <br />area of irri~able land included in the reservation is nc~ <br />necessarily the criterion ~or measurin~ the amount o~ water <br />reserved, whether the standard be applied as o~ 1859 or as <br />of the 'jresent. The extent to which the use o~ the stream <br />might be necessary could only be demonstrated by experienoe. <br /> <br />"The report o~ the master states that 'the number o~ <br />Indians is not increasing and it has not been shown that <br />there is the necessity or de"land ~or the oultivation o~ a <br />larger area than 2100 aores.' For the purpose o~ irrigat- <br />ing that quantity of land the master was of the opinion that <br />26.25 second feet of water, measured at the point of diver- <br />sion, is sufficient.***TIe are constrained to acoept this <br />estimate as a fair neasure of the needs 01' the Government <br />as demonstrated by sevonty,year3' experience. <br /> <br />~~ <br /> <br />"Appellant's counsel suggest a decree limiting the <br />quantity of water for reservation purposes to the amount, <br />not exceeding 150 second feet, which the Government may demand <br />from year to year at the eommel:\cement of the season. That a <br />decree of this sort would tend greatly to depreoiate the value <br />of the water rights of the upstream owners, and to make im- <br />possible any intelligent program of farming, is obvious. So <br />precious is every miner's inch of water in these parohed re- <br />gions that no arrangement should be countenanced whioh would <br />enoourage waste or tend to induoe it." (Emphasis supplied) <br /> <br />Three principles are thus announoed, vizl (1) there is an <br />implied reservation of water "to the extent reasonably necessary to <br />~ <br />supply the needs of the Ind:.ans;" (2) the area of irrigab1e land within <br />the reservo;tio::l "is not necessarily the criterion f'or measuring the <br />amount of wcter reserved;" and (3) "no arrangement should be oounten- <br />anoed which would encourage waste." <br /> <br />. The general application of' these three principles to the situation <br />in the Colorado River basin presents difficulties because of the differ- <br />ent factual conditions existing on the twenty-nine Indian reservations <br />there located, There is today a surplus of water in the Colorado River <br />system ove,. and "bove 1;;1e Cl,":"'n~c demands when stream regu1a'i;io~~ through <br />storage fac:,li;~lSSJ cC,1.,h e.!C:i.,:;'':;:n~ and pr~<:"pectivo.. is taken into aocount. <br />Do the Ir,d'.(.n~ .l:sve !=r\" res~rv"d rigl:t to SUJh s1:,rp1us or is their re- <br />served righ"::' inF'-'.SLro~. t:/ the q~an-tit;y~ of water il:)V! being used? Of course <br />the Indiam', lib ti1e w'1ite folks" can acquire :c5.ghta by appropriation of <br />direct flo.,'1 0': 'h', COl',':'''C,.,t e,r:'an&em")nt~ 'r:,i.h tho bl.l:1lcra of storage f'aoi1- <br />ities. SUl'L :...:'g:.i~s .1":'~1l1d be ~n a par '~'1j::;~l tile :.." _giri--;s r1' otner water users <br />and would not result i'rom the exercise of' any reserved power or authority. <br /> <br />2112 <br /> <br />-8- <br />