机经说的印第安人用水权的阅读是不是这一篇？gwd 10-25-28

mickyma

In Winters v. United States

(1908), the Supreme Court held

that the right to use waters flow-

ing through or adjacent to the

(5) Fort Berthold Indian Reservation

was reserved to American Indians

by the treaty establishing the reservation.

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formally withdrawn from federal

public lands — i.e., withdrawn from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 available

for private use under federal

land use laws — and set aside or

reserved, and (3) the circumstances

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 executive

order has ever designated

or withdrawn the pueblos from

(50) public lands as American Indian

reservations. This fact, however,

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.

Q25:

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?

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

C. Argue that the pueblo lands ought still to be considered part of federal public

lands

D. Support the argument that the water rights of citizens other than American Indians are limited by the Winters doctrine

E. Suggest that federal courts cannot claim jurisdiction over cases disputing the

traditional diversion and use of water by Pueblo Indians

Answer: A Why?

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Q26:

The passage suggests that, if the criteria discussed in lines 16 – 32 were the only criteria for establishing a reservation’s water rights, which of the following would be true? 推理

A. The water rights of the inhabitants of the Fort Berthold Indian Reservation would not take precedence over those of other citizens.

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.

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

Answer C, I choose E

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Q27:

According to the passage, which of the following was true of the treaty establishing the Fort Berthold Indian Reservation?

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

B. It was rescinded by the federal government, an action that gave rise to the Winters case.

C. It cited American Indians’ traditional use of the land’s resources.

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.

Answer: D

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Q28:

The primary purpose of the passage is to

A. trace the development of laws establishing American Indian reservations

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

Answer D, I choose B

做到这一篇，感觉是机进说的用水权的阅读．感觉题目挺难的．

请考过的人验证一下，并且大家讨论一下．

mickyma

ti,请考过的NN们帮忙看看。