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WSP05306
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Last modified
1/26/2010 2:17:46 PM
Creation date
10/12/2006 12:57:22 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8200.700
Description
Colorado River
Basin
Colorado Mainstem
Date
1/1/3000
Author
Getches and Meyers
Title
The River of Controversy - Persistent Issues
Water Supply Pro - Doc Type
Report/Study
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<br />Indian reserved W<lter rights is whether those rights should ,be alIenable at <br /> <br />all. An outright transfer of a reserved right such as a sale or long-term <br /> <br />lease is diffic~lt to justify. The right is an asset that exists only to the <br /> <br />extent necessary to fulfill the purpose or the reservation. On the other <br /> <br />hand, a temporary arrangement may help to preserve the asset for future Indian <br /> <br />use at the expiration of the agree~ent by having the principal competitors for <br /> <br />its use acknowledge that it exists. Indeed, the essential purpose of Indian <br /> <br />reservations-"civilizing" the Indians and making the Indians self-suffi- <br /> <br />cient--may best be fulfilled by letting them market their water resources. <br /> <br />Tribes may be better off for the present receiving payments instead of <br /> <br />water and others may be quite willing to pay for the assurance of a supply not <br /> <br />subject to interruption by future exercise of reserved rights. But many <br /> <br />believe that Indian rights to water are strictly tied to use on the reserva- <br /> <br />tions, throwing the idea of conveyances into serious question. Even if other <br /> <br />users of the river formally acknowledge Inidan rights, and the Indians have <br /> <br />only deferred their claims, would the water ever be available to the tribes <br /> <br />for reservation uses should they need it rhere? And what are the tradeoffs in <br /> <br />terms of coherent social structure and community life? A community could be <br /> <br />built on a developed agricultural use of water but probably could not be <br /> <br />founded on a common interest in collection and distribution of periodic pay- <br /> <br />ments made by others for the tribe to forego such uses. As in other Indian <br /> <br />policy debates, the ultimate question is to what extent should Indians be <br /> <br />assimilated into the larger society? <br /> <br />(0;' 1) <br /> <br />FEDERAL-STATE RELATIONS <br /> <br />~ill Federal Pollution Laws Affect The Quantity Of Water Available To Colorado <br />River Users? <br /> <br />(5;:2) <br /> <br />Growing assertions of national control over water quality under a ple- <br /> <br />- 19 - <br />
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