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<br />( ( <br /> <br />c. Constraints Due to Indian RiGhts <br /> <br />Water rights accruing to 'the II~irol tribes must be recognized. <br /> <br />On 13 riovember 1973, the three affiliated tribes of the Fort Berthold <br /> <br />Reservation in Ihrth Dakota served notice through its Tribal Resolution <br /> <br />to all agencies and persons advising them that "they may not lal<fully <br /> <br />. <br /> <br />!Ca."e any disposition of the water of the IHssouri River or other 1{aters <br /> <br />, of the Fort Bertbold Reservation that \Touid impair or diminish the water <br /> <br />rights of the T'nree Affiliated Tribes." <br /> <br />The United States Supreme Court in \-linters v. United States, <br /> <br />207 U.S. 564 (1903), held that in the case of the Fort Belknap Reservation <br /> <br />of l~ontaua) the Indians had a reserved right to use 0.0 much \futer oi' the <br /> <br />Eilk River of the W.sgouJ:i River Basin' as was necessary and that even <br /> <br />though unexercised, the right carried a continuing priority as of the <br /> <br />chte the reservation \Ias established. Thus, unless the Indinn Treaty <br /> <br />or Congressional act creating the reservation specifically excluded <br /> <br />11ater rights, the "Hinters Doctrine" 1wuld prevail. In Arizona v. <br /> <br />California, 373 U.s. 757 (1963), the U. S. Supreme Court ~uantified <br /> <br />the Indian's reserve \lnter right to that amount which would saUsfy <br /> <br />present as well as future needs in irrigating all the practicable <br /> <br />irrigable acreage on the reservation. <br /> <br />d. Conclusions <br /> <br />1. The maximum v'1c.I use of PS?\BP \Tater "hich can nOli be postulated <br /> <br />should not be substantially greater than the increased upstream depletions <br /> <br />originally authorized under the basic PSIffiP. <br /> <br />2. I,junicipal and industrial use of PS!IDP water should not deny <br /> <br />other project beneficiaries of any advantage \lhich was authorized for <br /> <br />tbel!l under the basic PS?.i1JP. <br /> <br />11 <br /> <br />i <br />i- <br />I <br />I <br />j_. I <br />