Laserfiche WebLink
<br />. <br /> <br />4248 <br /> <br />-3- <br /> <br />The right attaches to all sources of water which <br />arise on, border, or underlie the reservations and can <br />attach to off-reservation waters to sustain hunting and <br />fishing rights as well as reservation irrigation <br />requirements. <br />Winters v. United States, 207 U.S. 564 (1908); <br />Arizona v. California, 373 U.S. 546 (1963); <br />Cappaert v. United States, 426 U.S. 128 (1976); <br />United States v. Winans, 19S U.S. 371 (1905); <br />Washington v. Washington State Commercial <br /> <br />Passenger Fishing Vessel Assn., <br />61 L.Ed2d 823 (1979); <br /> <br />U.S. <br /> <br />, <br /> <br />See alse United States v. Ben Adair; Civil No. <br /> <br />75-914 (D. Ore. Sept. 27,1979). <br />In determining the scope of Indian water rights, <br />the courts are not to engage in a balancing of competing <br />interests -- in some cases non-Indians may be left with- <br />out a water supply. <br />Cappaert v. United States, 426 U.S. 128, 138 (1976); <br />Arizona v.Ca1ifornia, 373 U.S. 546, 597 (1963); <br />New Mexico v. Amodt, 537 F.2d 1102, 1103 (10th Cir. <br />1976) cert. denied 429 U.S. 1121. <br />The measure of Indian reserved rights includes the <br />amount of water necessary (in the present and in the <br />future) to accomplish the purposes for which the reser- <br />vation was created. <br />