1 winter acknowledged the water rights of indian, not officially expressed, but holding it should be an attached right with the treaty.
2 federal gov can establish the water rights for indian in 3 situation
a. land with water is in a special enclaveing area.(like Shenzhen in China).
b. land with water had been reserved, which can not be bought in the market.(like National park).
3 Rio established its water rights not by treaty, by enclaving area, nor by reserved land. These 3 situations that have been talked above, as I listed. So, it should have no water rights. However, it have, because traditional use of Indian.
4 Arizona law finnaly acknowledged the traditional use of Indian should be another condition in which Indian tribes can established the water rights. The right has been actually established before 1848,the Rio.
The structure is simple.
Answer is A C D B.
In 26, in A, "the citizen" was never mentioned. in B, the rio has water rights before 1848.
in D, reservation other than Indian was not mentioned. in E, "explicitly" was never mentioned as a need prerequisites to have water rights.
In 28,in D, the earliest dates were never really mentioned in the article. should be a disturbance option.
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