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. . ~ o 00 N . . . . . . . . . Tribal water claims are based on the Winter's doctrine, which holds that the right to use water is re served as an incident of re serva- tion land. 24 Since the right is not lost by nonuse, like most water rights, it can persist indefinitely in an unquantified state. Some of the Indian water rights have been quantified (either by adjudication or agreement), some have not. While the apportiomnent of consumptive use rights to native Americans throughout the basin defies quantification at this time, some tribal rights have been numerically defined. The reserved rights of five tribes in the Lower Basin were adjud- icated and quantified, totaling some 1 m. a. f. per annum, in the latest A . C l'f 'lOt' t' 25 rlzona v. a 1 orma 1 19a 10n. Tribal rights in the Upper Basin are at various stages of develop- ment. The Navajo Tribe agreed to share shortages in the San Juan River System in New Mexico and to accept a right to an average annual diversion of 508,000 acre-feet to irrigate a projected 110,630 acres in the Navajo Indian Irrigation Project. 26 The Navajos also adopted a resolution waiving claim to 34,000 acre-feet of Arizona's 50,000 acre-feet entitle- ment in the Upper Basin. 27 An adjudication of Southern Ute and Mountain Ute rights on several San Juan River tributaries was attempted recently. 28 The Ute Indian Tribe of the Uintah and Ouray Reservation has reserved water rights which allegedly are recognized by contract. 29 Intrastate Allocation. The beneficial consumptive use has been allocated within each Basin State through the creation and recognition 7