WSP06987

• File Number: 8064
• Description: Section "D" General Federal Issues/Policies
• Date: 12/1/1983
• Author: Norman K Johnson
• Title: Indian Water Rights in the West
• Water Supply Pro - Doc Type: Report/Study

on an Indian reservation, The vagueness
d. 12/ d .
cor ~ng to one commentator, -- ma e ~ts

of the opinion, ac-
precedential value

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In United States v. Walker River Irrigation District,lOI
the court held that the "extent to which the use (by Indians)

of a stream might be necessary could only be demonstrated by
experience," Although there were 10,000 acres of land on the

reservation susceptible to cultivation, the tribe had never

cultivated more than 2,100 acres. The court used this amount

to calculate a reserved water right with a priority date of
1859, which was when the Secretary of Interior set aside land
for the reservation, Thus, according to the Walker River court,
past and present use was the measure of the reserved right.

A different standard was imperfectly identified in
United States v, Alexander illwhich seems to support the
proposition that reserved water rights apply to all waters

questionable,

In United States v. Ahtanum Irrigation Dist. ,13lthe
court held that the quantity of the Indian reserved right
should not be measured by use at the time the reservation

was created, because water should be recognized as having
been reserved for future uses. Thus. "ultimate need" (based

on future uses) was the standard articulated by the Ahtanum
court. This result seemed to be supported by the holding in
an older case, Conrad Inv. Co. v, United States. 14/