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<br />Indian Water-1997: Trends and Directions in Federal Water Policy <br /> <br />unknowns on the contours of the reserved rights doctrine. This uncertainty <br />makes the courts really reluctant, but if you think that is hard, try the <br />negotiations. Many parties are unwilling to settle without knowing what the <br />basic Indian reserved water right is.. This is really unfortunate. Is there an <br />alternative to general stream adjudications? I want to leave you with one <br />thought. <br /> <br />It seems to me that what the United States is trying to do is adjudicate the <br />reserved water right because it has a trust responsibility to do so. It seems <br />to me there ought to be more considered. I know there's a lot of discussion <br />going on about bringing federal court declaratory actions to adjudicate only <br />the reserved water right, suing all the parties who might have an interest in <br />the same water source, just like you would in a general stream adjudication, <br />but you're not stuck with thirty years of adjudicating everybody's rights. <br />This would be a cleaner action. It may yield faster results for adjudicating <br />reserved water rights. So I leave you with that question: what is wrong with <br />federal court declaratory actions regarding Indian reserved water rights? <br /> <br />I <br />I <br />I <br />I <br />I <br /> <br />26 <br />