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<br />O(jn63~; <br /> <br />. <br /> <br />. <br /> <br />Statement of Raphael J. Moses, Consultant <br />Colorado Water Conservation Board <br />at the hearings of the <br />Senate Interior and Insular Affairs Committee <br />on S. 3298, the Central Arizona Indian Tribal Water Rights <br />Settlement Act of 1976 <br />August 10, 1976 <br /> <br />The problem of Indian water rights has perplexed Western <br />water right owners and administrators ever since the Winters <br /> <br />decision. <br /> <br />Floyd Bishop, then State Engineer of Wyoming, in testimony <br /> <br />before the National Water Commission in 1969, in speaking of fede~al <br /> <br />reserved rights generally, said: <br /> <br />We feel that federal claims of reservation of unlimited <br />quantities of water for use on federal reservations, with <br />a priority as of the date of the reservation, create a <br />cloud over state-granted water rights which is intolerable. <br />Such unquantified reservations would limit future develop- <br />ment and discourage investment in water projects. ... The <br />potential impact of the Reservation Doctrine on our state <br />is significant. At its extreme it could seriously damage <br />existing water users, and as a minimum it creates a cloud <br />over future water development which needs to be removed. <br /> <br />Senator McCarran pointed out the practical problem inadvo- <br /> <br />catingthe adoption of S. 18, 82nd Congress, 1st Session, which <br /> <br />later evoked as the so-called McCarran Amendment (43 U.S,C, 666). <br /> <br />He said: <br /> <br />S. 18 '.' is not intended to be used for any other purpose <br />than to allow the United States to be joined in a suit wherein <br />it is necessary to adjudicate all of the rights of various <br />owners on a given stream. This is so because unless all <br />of the parties owning or in the process of acquiring water <br />rights on a particular stream can be joined as parties <br />defendant, any subsequent decree would be of little value. <br />S.Rep. No. 755, 82nd Cong., 1st Sess. 9 (1951). <br />