WSPC05416

• File Number: 8064
• Description: Indian Water Rights
• State: CO
• Date: 5/1/1984
• Author: Western Governors As
• Title: Indian Water Rights in the West
• Water Supply Pro - Doc Type: Report/Study

-12-

I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
1

U. d S W lk R' I' . D . . 10/
In n~te tates v. a er ~ver rr~gat~on ~str~ct,--
the court held that the "extent to which the use (by Indians)

of a stream might be necessary could only be demonstrated by
experience." Although there were 10,000 acres of land on the

reservation susceptible to cultivation, the tribe had never

cultivated more than 2,100 acres. The court used this amount

to calculate a reserved water right with a priority date of

1859, which was when the Secretary of Interior set aside land

for the reservation. Thus,. according to the Walker River court,

past and present use was the measure of the reserved right.

A different standard was imperfectly identified in
United States v. Alexander ll/which seems to support the
proposition that reserved water rights apply to all waters

on an Indian reservation. The vagueness of the opinion, ac-

cording to one commentator, 12/ made its precedential value

questionable.

In United States v. Ahtanum Irrigat.ion Dist.)l.lthe

court held that the quantity of the Indian reserved right

should not be measured by use at the time the reservation

was created, because water should be recognized as having

been reserved for future uses. Thus, "ultimate need" (based

on future uses) was the standard articulated by the Ahtanum
court. This result seemed to be supported by the holding in
an older case, Conrad Inv. Co. v. United States. 14/