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<br />(;1' ~ '-.: r; '/ <br />'-J u .'..... <br /> <br />adjudication (1984, Guhin). He draws this inference from portions of the <br /> <br />amendment that state, ". . . consent is hereby given to join the United States <br /> <br />as a defendant in any suit . . . (2) for administration of such (water) rights . . . <br /> <br />II <br /> <br />Ranquist pointed out the authority of the Secretary of the Interior with <br /> <br />respect to the administration of water rights on Indian reservations in the <br /> <br />following manner: <br /> <br />The Secretary of the Interior is charged with <br />administering the trust responsibilities of the United States <br />with regard to Indians. (25 U.S.c. Sec. 2; Federal Indian <br />Law, 1970.) Congress, however, holds plenary power over <br />Indians and their property, and may withdraw the duties of <br />guardianship and entrust them to any agency it chooses. By <br />the adoption of the General Allotment Act in 1887 (Ch. II9, <br />24 Stat. 388; 1887), Congress gave the Secretary of the <br />Inter ior specific responsibili ties in the administration of <br />water rights for on-reservation uses. The Act gave the <br />Sec retary au thor ity to pre scribe rules and regulations to <br />secure just and equal distribution of the water supply among <br />the Indians. Thus, the Secretary may promulgate rules and <br />regulations to provide for the just and equal distribution of <br />reserved waters. The place, nature, and amount of each use <br />could be determined by the system so established, and the <br />amount of water remaining for use by non-Indians will <br />become apparent as the system is implemented. <br /> <br />Since the General Allotment Act must be interpreted <br />and implemented with due consideration for the sovereign <br />power and authority of the Indian tribes, the authority of the <br />Secretary under that statute is not absolute. Although the <br />Act has been interpreted by the courts and the Department <br />of the Interior to provide that the United States has retained <br />jurisdiction and control over waters on Indian reservations, <br />current administrative policy and recent legislation have <br />established the principle that the right of self-determination <br />of organized Indian tribes, bands, and groups will not be <br />interdicted by government officials. Hence, exercise of the <br />Department's jurisdiction over reserved water rights must <br />occur jointly with the exercise of jurisdiction by the Indian <br />tribes, bands, and groups that reside on the various <br />reservations (Ranquist, 1975, pp. 719-720, footnotes omitted). <br /> <br />-21- <br />