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<br />'- .'f)S29 <br /> <br />10 <br /> <br />must be "beneficial" as that term is defined by valid state <br />law. We discuss this provision in the off-Reservation water <br />marketing section of this Report, pp. 18-28, infra. <br /> <br />'I <br /> <br />Article III H provides that the Tribal Water Right is <br />not abandoned or forfeited by non-use. This is a standard <br />characteristic of federal reserved rights, but not of rights <br />established pursuant to state law. <br /> <br />-1 <br />I <br />I <br /> <br />., <br /> <br />Section I of Artt31e III provides (in paragraph 1) <br />that the Tribes can divert water from any surface water <br />source within the Reservation except for surface water from the <br />mainstem of the Milk River. Paragraph 1 also confirms the <br />Tribes' rights to divert water from any ground water source on <br />the Reservation. But paragraphs 2 and 3 of Section I provide <br />that the Tribes cannot divert ground water outside the <br />Reservation for use withinl~he Reservation, or market ground <br />water off the Reservation. <br /> <br />Article III B deals with persons who may use the <br />Tribal Water Right. Their uses shall count as part of the <br />ceiling amounts authorized for diversions and consumptive uses. <br />Under Section B, the following uses of water are part of the <br />Tribal ~3ter Right: (1) uses by the Tribes, (2) uses by <br />Indians on the Reservation, (3) uses by non-Indian <br /> <br />13D, , 'd~' d' '1 I (7) It' 1 d <br />~vers~on ~s eI~ne ~n Art~c e I . ~nc u es <br />removal of ground water from its location by means of a "pump", <br />"well" or "other" "structure or device." The 1983 Compact had <br />defined domestic use as including "production" of water. This <br />was sticken in the present definition as redundant, since <br />ground water as well as surface water is diverted. <br /> <br />i <br />...l <br /> <br />14 <br />Uses of ground water are discussed in pp. 44-47, infra. <br /> <br />" <br /> <br />! <br /> <br />l5The term "Indian" is defined more broadly than just <br />enrolled tribal members. It includes members of other <br />federally recognized tribes and persons recognized by the <br />Secretary of the Interior as eligible to hold trust or <br />restricted property on the Reservation. Article 11(13). This <br />definition was supplied by tribal attorney Chambers in response <br />to the State's request for a definition of the term "Indian." <br />Letter to Marcia Rundle, February 1, 1985. This letter is <br />Appendix C to this Report. <br /> <br />'J <br />._J <br /> <br />J <br />