跪求OG12th 印第安水权那篇的 Mumu逻辑简图

xiaoxiaomi

今天做了印第安水权的mumu分析，觉得逻辑结构很不清晰，有没有做过这个工作的童鞋，恳请指点！
把我自己做的贴上来，拍砖啊尽情拍！

LineIn Winters v. United States(1908),the Supreme
Courtheld that the right to use waters flowing through
or adjacent to the Fort Belknap Indian Reservation（FB印第安部落，出现在第一段）
was reserved to American Indians by the treaty

(5)establishing the reservation. Althoughthis treaty did
not mention water rights, the Court ruled that the
federal government, when it created the reservation,
intended to deal fairly（+） with American Indians by
reserving for them the waters without which their

(10) lands would have been useless. Later decisions, citing
Winters, established that courts can find federal rights
to reserve water for particular purposes if (1) the land
in question lies within an enclave under exclusive
federal jurisdiction, (2) the land has been formally

(15) withdrawn from federal public lands—i.e., withdrawn
from the stock of federal lands available for private
use under federal land use laws—（很长的插入语，不看，跳过）and set aside or
reserved, and (3) the circumstances reveal the
government intended to reserve water as well as land

(20) when establishing the reservation.



在W法案中，最高法院将水权保留给FB印第安部落；后又决定满足三个条件即可获取水权



Some American Indian tribes have also established
water rights through the courts based on their
traditional diversion and use of certain waters prior to
the United States' acquisition of sovereignty（美国独立前的印第安水权问题）. For

(25) example,（以下为例子，略读，重点在总结） the Rio Grande pueblos（出现RG部落） already existed when
the United States acquired sovereignty over New
Mexico（出现NM）in 1848. Although they at that time became
part of the United States, the pueblo lands never（极端词，文中出现要注意）formally constituted a part of federal public lands; in

(30) any event, no treaty, statute, or executive order has
ever designated or withdrawn the pueblos from public
lands as American Indian reservations. This fact,
however, has not barred application of the Winters
doctrine. What constitutes an American Indian

(35) 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
（+）
approach is buttressed by(+)Arizona v. California (1963),(NC法案)
wherein the Supreme Court indicated that the manner
(40) in which any type of federal reservation is created
does not affect the application to it of the Winters(两个法案的关系)
doctrine.Therefore, the reserved water rights of
Pueblo Indians have priority over other citizens' water
rights as of 1848,
the year in which pueblos must be
(45) considered to have become reservations.



美国独立前印第安部落的水权由传统和特地水域的使用决定。举例RG部落。

推出NC法案，实际上是保留地则不妨碍W法案的实施。





逻辑简图：

第一段：W法案将水权保留给FB部落，规定满足三个条件即可获取水权

第二段：美国独立前，印第安部落的水权由 traditional division 和

the use of certain waters决定。举例RG部落，不是保留地但有水权。

后NC法案说明是实际上的，不是法律意义上的即可。证明其合法性。



57.According to the passage, which of the following was
true ofthe treatyestablishing the Fort Belknap Indian
Reservation?

Supporting ideas, FB部落只在第一段开始时提到过，定位



(A)It was challenged in the Supreme Court a
number of times.（无）

(B)It was rescinded by the federal government, an
action that gave rise to the Winters case.（前后顺序反了）

(0It cited American Indians' traditional use of the
land's resources.（定位在第二段）

(D)It failed to mention water rights to be enjoyed by
the reservation's inhabitants.

(E)It was modified by the Supreme Court in Arizona
v. California.
（不是modified，只是补充说明）
58.The passage suggests that, if the criteria discussed in
lines 10-20 were the only criteria for establishing a
reservation's water rights, which of the following would
be true?

Supporting ideas,事实题，无法定位



(A)The water rights of the inhabitants of the Fort
Belknap Indian Reservation would not take
precedence over those of other citizens（只出现在文章末句）.

(B)Reservations established before 1848 would be
judged to have no water rights.

(C)There would be no legal basis for the water
rights of the Rio Grande pueblos.

(D)Reservations other than American Indian
reservations could not be created with reserved
water rights.（没有提到）

(E)Treaties establishing reservations would have to
mention water rights explicitly in order to
reserve water for a particular purpose.（无）



59.Which of the following most accurately summarizes
the relationship between Arizona v. California in lines
38-42, and the criteria citing the Winters doctrine in
lines 10-20?

Inference,两个法案的关系



(A)Arizona
v. Californiaabolishes these criteria and
establishes a competing set of criteria for
applying the Winters doctrine.（无）
(B)Arizona v. California establishes that the Winters
doctrine applies to a broader range of situations
than those defined by these criteria.

(C)Arizona v. California represents the sole example
of an exception to the criteria as they were set
forth in the Winters doctrine.（极端词）

(D)Arizona v. California does not refer to the Winters
doctrine to justify water rights, whereas these
criteria do rely on the Winters doctrine.

(E)Arizona v. California applies the criteria derived
from the Winters doctrine only to federal lands
other than American Indian reservations.（极端词）

60.The "pragmatic approach" mentioned in lines 37-38
of the passage is best defined as one that

Supporting ideas, 细节题，定位



(A)grants recognition to reservations that were
never formally established but thathave
traditionally been treated as such



（What constitutes an American Indian

reservation is a question of practice, not of legal
definition, and the pueblos have always been treated
as reservations by the United States.）



(B)determines the water rights of all citizens in a
particular region by examining the actual history
of water usage in that region（极端词）

(C)gives federal courts the right to reserve water
along with land even when it is clear that the
government originally intended to reserve only
the land（极端词）

(D)bases the decision to recognize the legal rights
of a group on the practical effect such a
recognition is likely to have on other citizens（定位，无）

(E)dictates that courts ignore precedents set by
such cases as Winters v. United States in
deciding what water rights belong to reserved

land（无）



61.The author cites the fact that the Rio Grande
pueblos
were never formally withdrawn from public lands
primarily in order to do which of the following?
Evaluation，in order to题，定位找总结句

（This fact,however, has not barred application of the Winters
doctrine. ）



(A)Suggest why it might have been argued that the
Winters doctrine ought not to apply to pueblo
lands

(B)Imply that the United States never really
acquired sovereignty over pueblo lands极端词

(C)Argue that the pueblo lands ought still to be
considered part of federal public lands（无）

(D)Support the argument that the water rights of
citizens other than American Indians are limited
by the Winters doctrine（根据定位，错）

(E)Suggest that federal courts cannot claim
jurisdiction over cases disputing the traditional
diversion and use of water by Pueblo Indians（无）

62.The primary purpose of the passage is to

Main idea，文章架构



(A)trace the development of laws establishing
American Indian reservations（必错）

(B)explain the legal bases for the water rights of
American Indian tribes

(C)question the legal criteria often used to
determine the water rights of American Indian
tribes

(D)discuss evidence establishing the earliest date
at which the federal government recognized the
water rights of American Indians

(E)point out a legal distinction between different
types of American Indian reservations

63.The passage suggests that the legal rights of citizens
other than American Indians to the use of water
flowing into the Rio Grande
pueblos are
Inference,细节题，可定位



(A)guaranteed by the precedent set in Arizona
v.
California
(B)abolished by the Winters doctrine

(C)deferred to the Pueblo Indians whenever treaties
explicitly require this

(D)guaranteed by federal land-use laws

(E)limited by the prior claims of the Pueblo Indians

xiaoxiaomi

自己顶一下，大家来看看~~

小福娃欢欢

我刚开始第二遍看OG 阅读，先把你的保存下来，到时候好好研究，谢谢

eva0086

很棒

bh455541186

很给力~~~~~~~~~~~~~~

2monster

mark！！！！

wm287684467

看的有点小糊涂··