对GWD 1-Q28的答案的质疑

 In Winters v.
                United States

       (1908),
the Supreme Court held

       that
the right to use waters flow-

Line
            ing through or adjacent to the

  (5)      Fort
                Berthold Indian
Reservation

was reserved to
American Indians

by the treaty
establishing the res-

ervation.  Although this treaty did

not mention
water rights, the Court

 (10)     ruled
that the federal government,

when it created
the reservation,

intended to deal
fairly with

American Indians
by preserving

for them the
waters without which

 (15)      their lands would have been use-

less.  Later decisions, citing

Winters, established that courts

can find federal
rights to reserve

water for
particular purposes if

 (20)      (1) the land in question lies within

       an
enclave under exclusive federal

       jurisdiction,
(2) the land has been

formally
withdrawn from federal

public lands —
i.e., withdrawn from

 (25)     the
stock of federal lands avail-

able for private
use under federal

land use laws —
and set aside or

reserved, and
(3) the circum-

stances reveal
the government

 (30)      intended to reserve water as well

as land when
establishing the

reservation.

             Some American Indian tribes

have also
established water rights

 (35)      through the courts based on their

traditional
diversion and use of

certain waters
prior to the United

States’
acquisition of sovereignty.

For example, the
Rio Grande

 (40)      pueblos already existed when the

United States acquired sovereignty

over New Mexico in 1848.  Although

they at that
time became part of the

United States, the pueblo lands

 (45)      never formally constituted a part

of federal
public lands; in any

event, no
treaty, statute, or exec-

utive order has
ever designated

or withdrawn the
pueblos from

 (50)      public lands as American Indian

reservations.  This fact, how-

ever, has not
barred application

of the Winters
doctrine. 
                What

constitutes an
American Indian

 (55)     reservation
is a question of

practice, not of
legal definition,

and the pueblos
have always

been treated as
reservations by

the United States.  This pragmatic

 (60)     approach
is buttressed by Arizona

v. California
            (1963),
wherein the

Supreme Court
indicated that the

manner in which
any type of federal

reservation is
created does not

 (65)     affect
the application to it of the

Winters doctrine.  Therefore, the

reserved water
rights of Pueblo

Indians have
priority over other

citizens’ water
rights as of 1848,

 (70)     the
year in which pueblos must

be considered to
have become

reservations.

The primary purpose of the passage is to

            
1. trace the development of laws establishing American Indian
        reservations

            
2. explain the legal bases for the water rights of American Indian
        tribes

            
3. question the legal criteria often used to determine the water
        rights of American Indian tribes

            
4. discuss evidence establishing the earliest date at which the
        federal government recognized the water rights of American Indians

            
5. point out a legal distinction between different types of
        American Indian reservations

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