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http://en.wikipedia.org/wiki/Winters_v._United_States
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"Winters Rights"
Winter Rights are in many cases referred to as "reserved water rights". This name is derived from the United States Supreme Court case Winter v. United States, and deals with the effects that the case had on American Indian water rights. The Winters Rights established several things in relation to American Indian water rights.
Firstly, Winters Rights declares that they are defined by the federal government and federal law which controls them.
Next, Winters Rights states that when an American Indian reservation is established by either a treaty, statute, or executive order, implied reservation of water rights is included in said treaty, statute, or executive order. These water rights apply to water sources that are either within the reservation or bordering it.
Winters Rights then states that the water rights are reserved as soon as the portion of the American Indian reservation cases where competing users of the water source have prior appropriation dates of said water source, they will take precedence over the American Indian rights. Only those with prior appropriation dates take precedence, those with later dates are subordinate to the American Indian reservation in question.
In most cases, it is found that American Indian tribes do in general have senior priority dates for quantities of surface water than competing settlements. Winters Rights then stated that the amount of water which would be reserved for the use of an American Indian tribe would be equal to the amount of water that would sufficiently irrigate all of the irrigable acreage within the reservation.
In some cases this part of the Winter Rights is changed to include not only agricultural purposes for water use, but for all purposes of the American Indian reservation. An example of this would be a document from the Bureau of Indian Affairs breaks down what they believe to be the estimated water requirements of all different American Indian reservations, including the Fort Belknap American Indian reservation in Montana.
This document states that the Fort Belknap American Indian reservation will need water for uses such as recreation, wildlife, forestry, energy, minerals, industrial use, domestic use, and agricultural use. This uses are listed in ascending order of the amount of water it is estimated each use will need. It is also said that Winters Rights are not lost by an American Indian reservation's lack of use of the water. The Winters Rights will apply to the reservation if and when the reservation is not using their full portion of water. The Winters Rights include the idea that while treaties which were made in the creation of American Indian reservations did not specifically grant water rights, there was an implied reservation of the water rights which were not granted. |
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