Laserfiche WebLink
<br /> <br />get over the next hurdle and settle some of those federal olaims and <br />Indian claims. We are somewhat concerned about the atti tudss that <br />other federal reserve olaims can be divorced from the Indian claims. <br />I !mow that there are some legal ,arguments to support that. But we <br />really think, here in Nevada at least, that you either have a reserved <br />right or you don't. As a matter of fact we question whether there are <br />such things as reserved rights, but that's strictly a State viewpoint. <br /> <br />, We are conoerped about the attitude expressed in the National Water <br />Polioy that the federal claims should be adjudioated in the federal <br />oourts. We think that the MoCarran amendment had a lot of merit. <br />It was explored extensively in the litigation of the Colorado, which <br />I am sure all of you are familiar with. We think that the Supreme <br />Court findings on the applicablli ty of that McCarran amendment pretty <br />much validified it and that it should be retained intact. I got a <br />copy of the Western States Water Conference News Letter of November 22, <br />which some of you probably received in your mail. There is something <br />in it which I would like to read to you which was reportedly from <br />Daniel Rosenfelt, the Assistant Solicitor of Indian Affairs. It says <br />that, in explaining the aotivities of the federal task foroes on Indian <br />reserve water rights, Mr. Rosenfelt again reiterated the position of <br />the administration -- that the extended reserve rights of Indians <br />involve questions of private property rights whioh should not appropri- <br />ately be made subject to review by the general' publio. Well, that <br />bothers me because Indian reserve olaims can affeot the general public. <br />For example, take the Tru.ckee River stream system in northern Nevada. <br />All of you !mow I am sure that the Tru.ckee supplies water and power all <br />the way down to Reno. The Indians want to go into litigation on the <br />Indian claims on that stream system right now. In fact if what was <br />alleged and claimed in the legal papers that were filed on behalf of <br />the Indian people were determined to be right, it would have a tremen- <br />dous impaot on the water supply for the general publio in western <br />Nevada. This attitude conoerns me. This article goes on to say that <br />Mr. Rosenfelt also noted that the Department of Interior is sincere <br />in attempting to carry out the President's direotive to seek negotia- <br />tions wherever possible. This is another aspeot of the National Water <br />Policy -- that matters to be litigated for the determination of the <br />extent of reserve and Indian olaims should be negotiated wherever <br />possible, and that might not be a bad process. I think there has <br />been some of that in one of the stream systems down in Arizona, as <br />I reoall. <br /> <br />And reading on, he oonoludes that sucoessful negotiations may well <br />entail enaoting legislation at both the state and federal level. This <br />is what begins to confront us about how some of these aspeots of the <br />National Water Polioy are going to be implemented. <br /> <br />Reading again, "With respect to the federal legislation, Mr. Rosenfelt <br />mentioned ,that the intention of the task forces is to propose amend- <br />ments to the McCarran Aot to provide for exolusive jurisdiotion to <br /> <br />C-18 <br />