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<br /> <br />. <br /> <br />, <br /> <br />CONFER~CE OF <br />WESTERN ATTORNEYS GENeRAL <br />THE COUNCIL OF STATE GOVERNMENTS <br /> <br />720 SACRAMENTO STREET, SAN FRANCISCO, CALIFORNIA 94108 [415) 986-3760 <br /> <br />APPROVED RESOLUTION NO. 87-7 <br /> <br />. <br />PROPOSED BY IDAHO <br /> <br />NEGOTIATION OF RESERVED WATER RIGHTS <br /> <br />WHEREAS, there are now about 70 general stream adjudications <br />involving reserved water rights underway in the west; and <br /> <br />WHEREAS, Indian water rights were created through treaties <br />between the United States and Tribes, Presidential Executive <br />Orders, and congressional legislation; and <br /> <br />WHEREAS, the United States has a duty to honor its agreements <br />with the Tribes; and <br /> <br />WHEREAS, the federal government claims reserved water rights for <br />certain federal reservations; and <br /> <br />WHEREAS, various agencies and departments of the United States, <br />including the Department of Agriculture, Department of Defense, <br />Department of Energy, Department of Interior, Department of . <br />Justice, Environmental Protection Agency, and Office of <br />Management and Budget, may have substantial and diverse interests <br />in any proposed reserved water rights settlement agreement; and <br /> <br />WHEREAS, the affected states, Indian Tribes, and interested <br />private parties often have difficulty responding to the diverse <br />interests of federal agencies and departments; and <br /> <br />WHEREAS, the lack of water to satisfy state water rights and <br />federal reserved water rights arises from the federal government <br />by encouragment of non-Indian water development while neglecting <br />Indian interests and assertion of dormant federal reserved water <br />rights; and <br /> <br />WHEREAS, it is inequitable to force private water users, who have <br />made good faith investments based upon federal policies, to <br />shoulder the burden of fulfilling federal reserved water rights; <br />and <br /> <br />Alaska . American Sanioa . Arizona . Cahfor-n,s' . Colol"'ado . GuarT'l . HawslI . Idano . Mont-ana <br />Nevada . New MeXICO . No,."thel""n Marlane IslandS. N,Ol"'th Oak.oea . O/""egon . Utan . WaSt"llngeon . WY0r'T11ng <br /> <br />~- ..:.,;.! <br />